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Matter of Kansas Leasing Ltd. v. D.H.C.R

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1998
255 A.D.2d 384 (N.Y. App. Div. 1998)

Opinion

November 9, 1998

Appeal from the Supreme Court, Queens County (Lisa, J.).


Ordered that the judgment is affirmed, with one bill of costs.

The evidence presented by the respondent Division of Housing and Community Renewal (hereinafter DHCR), including sworn statements of its employees concerning routine office procedures followed in mailing rent reduction orders, was sufficient to establish a presumption of receipt by the petitioner landlord, Kansas Leasing Limited Partnership (hereinafter the landlord) of the rent reduction order dated December 12, 1995. The bare denial of receipt by the landlord was insufficient to rebut the presumption ( see, Matter of Panama Leasing Co. v. Division of Hous. Community Renewal, 237 A.D.2d 444; Woodner Co. v. Higgins, 179 A.D.2d 444). Accordingly, the petition for administrative review, filed far beyond the 35-day period of limitations contained in the regulations of the DHCR, was properly rejected as untimely.

Rosenblatt, J. P., Copertino, McGinity and Luciano, JJ., concur.


Summaries of

Matter of Kansas Leasing Ltd. v. D.H.C.R

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1998
255 A.D.2d 384 (N.Y. App. Div. 1998)
Case details for

Matter of Kansas Leasing Ltd. v. D.H.C.R

Case Details

Full title:In the Matter of KANSAS LEASING LIMITED PARTNERSHIP, Appellant, v…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 9, 1998

Citations

255 A.D.2d 384 (N.Y. App. Div. 1998)
679 N.Y.S.2d 699