In regard to the Outside Counsel article, “Return to Sender? Presumption of Receipt in Certified Mail Cases” (NYLJ, March 4), on the use of certified mail, please note that the Appellate Division, Second Department, in Smith v. Marchi, 143 A.D.2d 239, 532 NYS 2d 387 (1988), stated that “Certified mail service is rendered no more onerous when a return receipt is requested, except to the extent that the recipient is required to place his signature in two places rather than one.”
Thus, the court held that specifications of objections to a candidate’s designating petition were not fatally defective by virtue of having been mailed via certified mail return receipt requested instead of mere certified mail, which the rules of the board of elections called for.
Brooklyn, N.Y.