In Matter of County of Sullivan (Basile) (43 AD3d 598 [3d Dept 2007]) the Appellate Division, Third Department, held that although Sullivan County claimed to have given proper service through both regular and certified mail which were never returned, there was no admissible proof to support this. (Basile at 599.) In the decision, Justice Kane, writing for the appellate court, wrote that without proof that the mailings were not returned, the ruling that Basile did not receive proper due process of notice must be upheld, and therefore, it was proper that the County's default judgment was vacated. (Basile at 599.)