Opinion
May 21, 1990
Appeal from the Supreme Court, Kings County (Bernstein, J.).
Ordered that the judgment is affirmed, with costs.
The affidavit of an office aide at the respondent City of New York, Civil Service Commission (hereinafter the Commission), outlining the procedure she followed with respect to notifying applicants of the Commission's determinations and attesting to the fact that such procedure was followed with respect to the Commission's February 10, 1987 determination regarding the petitioner, created a presumption of the petitioner's receipt of such determination (see, Nassau Ins. Co. v. Murray, 46 N.Y.2d 828; Ramos v. DeMond, 127 A.D.2d 751; Matter of T.J. Gulf, Inc. v. New York State Tax Commn., 124 A.D.2d 314). The petitioner's denial of receipt of the determination, without more, is insufficient to rebut that presumption (see, Nassau Ins. Co. v. Murray, supra; Ramos v. DeMond, supra; see also, Engel v. Lichterman, 62 N.Y.2d 943).
Moreover, the respondents' reconsideration of the petitioner's application in light of a subsequently decided case did not serve to toll or revive the already expired Statute of Limitations (see, Matter of Lubin v. Board of Educ., 60 N.Y.2d 974, cert denied 469 U.S. 823; Matter of De Milio v. Borghard, 55 N.Y.2d 216; cf., Matter of Corbisiero v. New York State Tax Commn., 82 A.D.2d 990, affd 56 N.Y.2d 680; Matter of Camperlengo v. State Liq. Auth., 16 A.D.2d 342). Nor was the letter granting the petitioner's request for reconsideration so ambiguous as to have led the petitioner to believe that the respondents were going to conduct a "fresh, complete and unlimited examination into the merits" with respect thereto (Matter of Camperlengo v. State Liq. Auth., supra, at 344; see also, Matter of Corbisiero v. New York State Tax Commn., supra).
Thus, this proceeding was properly dismissed as untimely. Bracken, J.P., Brown, Lawrence and Kooper, JJ., concur.