Opinion
May 23, 1994
Appeal from the Supreme Court, Queens County, Groh, J., Kassoff, J.
Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.
The court erred in refusing to admit into evidence a certified postal return receipt as evidence of mailing. Therefore, we find that the insured submitted sufficient evidence that a notice of claim was timely mailed and received (see, Matter of Allstate Ins. Co. [Patrylo], 144 A.D.2d 243; Matter of Sea Ins. Co. v Hopkins, 91 A.D.2d 998). Thompson, J.P., Rosenblatt, Ritter, Friedmann and Krausman, JJ., concur.