McRAE v. NEW YORK CITY TRANSIT

Ordered that the order and judgment is affirmed, without costs or disbursements. A proceeding to vacate an arbitration award must be commenced within 90 days of receipt of the arbitrators' determination ( see CPLR 7511 [a]). Here, the petitioner's union received a copy of the arbitrator's determination, at the latest, on December 30, 2004, the operative date from which to measure the 90-day statute of limitations ( see Matter of Case v Monroe Community Coll., 89 NY2d 438, 441-442; Matter of Pender v New York State Off. of Mental Retardation Dev. Disabilities, 27 AD3d 756, 757). This proceeding, however, was commenced by the filing of a petition on or about April 25, 2005. Therefore, the proceeding was untimely commenced ( see Matter of Pender v New York State Off. of Mental Retardation Dev. Disabilities, supra; Matter of Rodriguez v New York City Tr. Auth., 269 AD2d 600, 601).

In light of the foregoing, we need not reach the petitioner's remaining contentions.