Affidavit of Service Not Filed on Time

August 31, 1997

LVT Number: 11774

DOB issued a violation notice to landlord for not maintaining the building's elevator. On the first scheduled hearing date, the copy of the violation notice and the original affidavit of service were missing from ECB's file. DOB couldn't prove that they were filed, and the case was dismissed. DOB appealed and submitted documents it claimed showed that the notice and the affidavit of service were filed. ECB ruled against DOB. DOB's own records indicated that the affidavit of service wasn't filed until ten days after the original hearing date.

DOB issued a violation notice to landlord for not maintaining the building's elevator. On the first scheduled hearing date, the copy of the violation notice and the original affidavit of service were missing from ECB's file. DOB couldn't prove that they were filed, and the case was dismissed. DOB appealed and submitted documents it claimed showed that the notice and the affidavit of service were filed. ECB ruled against DOB. DOB's own records indicated that the affidavit of service wasn't filed until ten days after the original hearing date. And entry of the violation notice into DOB's computer system didn't constitute filing.

Pantelidis: ECB App. No. 22836 (1/22/97) [2-page document]

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