IN RE RODRIGUEZ v. CITY TRANSIT AUTHORITY

The article 78 proceeding that petitioner brought was correctly held to be in the nature of an 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 N.Y.2d 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 A.D.2d 600).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.