Opinion
July 15, 1991
Appeal from the Supreme Court, Suffolk County (Cannavo, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The defendants have failed to submit sufficient proof to establish a presumption that the plaintiff received a letter dated August 21, 1990, notifying it that it was in default in the payment of the rent (cf., Matter of Colonial Penn Ins. Co. v Ennab, 168 A.D.2d 494; Matter of Allstate Ins. Co. [Patrylo], 144 A.D.2d 243; Matter of Sea Ins. Co. v Hopkins, 91 A.D.2d 998). Thus, the Supreme Court correctly determined that the 30-day period of time provided by the lease within which to cure the default did not begin to run until a notice dated August 30, 1990, was received on September 5, 1990, and that the plaintiff's "Yellowstone" application was timely brought on October 4, 1990 (see, First Natl. Stores v Yellowstone Shopping Center, 21 N.Y.2d 630).
We also find that the Supreme Court had personal jurisdiction over the defendants, as the manner of service provided in the order to show cause was permissible and satisfied due process requirements (see, CPLR 2214 [d]; 6313 [b]; Mullane v Central Hanover Trust Co., 339 U.S. 306). Bracken, J.P., Lawrence, Miller and O'Brien, JJ., concur.