Opinion
February 24, 1994
Appeal from the Supreme Court, New York County (Carol Huff, J.).
Petitioner's bare denial of receipt of respondent's over-charge order was insufficient to rebut the presumption of receipt raised by the sworn statements of respondent's mail-room personnel as to the routine office procedures followed in mailing such orders (Woodner Co. v. Higgins, 179 A.D.2d 444, lv denied 80 N.Y.2d 756). Accordingly, the PAR filed far beyond respondent's 35-day limit was properly rejected.
Concur — Rosenberger, J.P., Ross, Asch, Rubin and Williams, JJ.