Opinion
2006-893 K C.
Decided: July 24, 2007.
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Arlene Bluth, J.), entered March 2, 2006. The judgment denied the petition to vacate the master arbitrator's award and dismissed the proceeding.
Judgment affirmed without costs.
PRESENT: : WESTON PATTERSON, J.P., GOLIA and BELEN, JJ.
A proceeding to vacate an arbitration award must be commenced within 90 days of receipt of the arbitrator's determination ( see CPLR 7511 [a]). Here, the petitioner or its counsel received the master arbitrator's determination, at the latest, on November 1, 2004 ( see generally CPLR 2103 [b] [3]), the operative date from which to measure the 90-day statute of limitations ( see Matter of McRae v New York City Tr. Auth., 39 AD3d 861; Matter of Pender v New York State Off. of Mental Retardation Dev. Disabilities, 27 AD3d 756). This proceeding was commenced by the filing of a petition on February 1, 2005 (CCA 400). Therefore, the proceeding was untimely commenced ( see Matter of McRae v New York City Tr. Auth., 39 AD3d 861, supra; Matter of Pender v New York State Off. of Mental Retardation Dev. Disabilities, 27 AD3d 756, supra). As a result, the judgment dismissing the proceeding should be affirmed ( see Parochial Bus Sys. v Board of Educ. of City of N.Y., 60 NY2d 539, 546).
In light of the foregoing, we reach no other issue.
Weston Patterson, J.P., Golia and Belen, JJ., concur.