Bennissim v. Calogero
Opinion of the Court
Order, Supreme Court, New York County (Debra A. James, J.), entered on or about May 10, 2004, which denied the petition brought pursuant to CPLR article 78 to annul respondent’s determination, dated July 31, 2002, upholding an order of respondent’s Deputy Commissioner deregulating petitioner’s apartment, unanimously affirmed, without costs.
The court properly found the petition time-barred (see Administrative Code of City of NY § 26-516 [d]). Petitioner neither actually denied receipt of the challenged order and opinion nor made a “showing that routine office practice was not followed or was so careless that it would be unreasonable to assume that the notice was mailed” (see Nassau Ins. Co. v Murray, 46 NY2d 828, 830 [1978]). Petitioner in no way rebutted respondent’s evidence of routine mailing procedures (see e.g. Matter of Nelson Mgt. Group, Ltd. v New York State Div. of
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