Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Kings County, for a new determination of the proceeding following a new hearing.
The judicial hearing officer's implicit denial of the unopposed request by the appellant's attorney for an opportunity to produce certified mail receipts was improvident ( see Matter of Ace Truck Rental Corp. v. Hale Trailer Truck Equip., 79 AD2d 635), "especially in light of the fact . . . that the court had taken the position that said documentary evidence was a sine qua non of petitioner's case" ( id., at 636; see Cantoni ITC USA v. Milano Intl., 300 AD2d 334). Accordingly, we reverse the order, in effect, granting the petition, and remit for a new determination of the proceeding following a new hearing.