Jonathan Woodner Co. v. Higgins

This article 78 proceeding challenging respondent’s finding of a willful rent overcharge was dismissed on the ground that petitioner did not file a petition for administrative review within 35 days after issuance of respondent’s order (9 NYCRR 2529.2), and therefore failed to exhaust its administrative *445remedies. The IAS court rejected petitioner’s denial of receipt of respondent’s order, finding that respondent presented sufficient proof that the order was mailed in the regular course of business. Proof that a regular office practice and procedure is followed with respect to mailings raises a…