Rodriguez v. New York City Transit Auth.

Appellate Division of the Supreme Court of New York

Rodriguez v. New York City Transit Auth.

280 A.D.2d 272, 719 N.Y.S.2d 853, 2001 N.Y. App. Div. LEXIS 873

Appellate Division of the Supreme Court of the State of New York·Decided February 1, 2001·Published·Cited by 3 cases

Opinion

—Order, Supreme Court, Bronx County (Stanley Green, J.), entered September 23, 1999, which dismissed the instant proceeding challenging petitioner’s dismissal from respondents’ employment as time-barred, unanimously affirmed, without costs.

The CPLR article 78 proceeding that petitioner brought was correctly held to be in the nature of a CPLR article 75 proceeding challenging the award rendered by the arbitration board empaneled pursuant to the grievance procedures in respondents’ collective bargaining agreement with petitioner’s union (see, Matter of Dye v New York City Tr. Auth., 57 NY2d 917), and, so considered, was correctly dismissed because admittedly not commenced within 90 days of petitioner’s receipt of the award (CPLR 7511 [a]; see, Matter of Rodriguez v New York City Tr. Auth., 269 AD2d 600). Concur — Mazzarelli, J. P., Andrias, Wallach, Lerner and Rubin, JJ.

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—Order, Supreme Court, Bronx County (Stanley Green, J.), entered September 23, 1999, which dismissed the instant proceeding challenging petitioner’s dismissal from respondents’ employment as time-barred, unanimously affirmed, without costs.

The CPLR article 78 proceeding that petitioner brought was correctly held to be in the nature of a CPLR article 75 proceeding challenging the award rendered by the arbitration board empaneled pursuant to the grievance procedures in respondents’ collective bargaining agreement with petitioner’s union (see, Matter of Dye v New York City Tr. Auth., 57 NY2d 917), and, so considered, was correctly dismissed because admittedly not commenced within 90 days of petitioner’s receipt of the award (CPLR 7511 [a]; see, Matter of Rodriguez v New York City Tr. Auth., 269 AD2d 600). Concur — Mazzarelli, J. P., Andrias, Wallach, Lerner and Rubin, JJ.

Rodriguez v. New York City Transit Auth., 280 A.D.2d 272, 719 N.Y.S.2d 853, 2001 N.Y. App. Div. LEXIS 873 (N.Y. Ct. App. 2001).

Pincite

280 A.D.2d 272 (Rodriguez v. New York City Transit Auth.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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