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In the Matter of NATHANIEL ROBINSON, JR., Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

Ordered that the appeal from the order and judgment dated May 22, 1995, is dismissed, as it was superseded by the order dated September 27, 1995, made upon reargument; and it is further,

Ordered that the order dated September 27, 1995, is affirmed insofar as appealed from; and it is further,

Ordered that the respondent is awarded one bill of costs. Since the determination under review was an arbitration award, the instant proceeding is one pursuant to CPLR article 75 to vacate the award. The Supreme Court properly dismissed the instant proceeding as time-barred pursuant to CPLR 7511 (a).

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IN RE NATHANIEL ROBINSON
(Sep 23, 1996)