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Receipt of an arbitration award starts the 90-day statute of limitation[1] for an appeal

By Harvey Randall, Esq.

Receipt of an arbitration award starts the 90-day statute of limitation[1] for an appeal
Matter of McRae v New York City Transit Authority, 2007 NY Slip Op 03698, decided on April 24, 2007, Appellate Division, Second Department

The Appellate Division dismissed Curtis McRae?s petition seeking to vacate an arbitration award dated December 28, 2004 as untimely.

The court commented that an Article 75 proceeding to vacate an arbitration award must be commenced within 90 days of receipt of the arbitrators? determination.
The decision states that McRae?s union received a copy of the arbitrator?s determination, at the latest, on December 30, 2004.[2] Accordingly, said the court, this became the operative date from which to measure the 90-day statute of limitations set out in CPLR Section 7511(a).

According to the ruling, McRae filed his petition ?on or about April 25, 2005,? clearly after the statute of limitations had run.

As to serving an arbitration award:

1. If the individual is not represented by an attorney or by a union official, the individual must be served to start the running of the statute of limitations.

2. If an employee is represented by an attorney, a copy of the award may be sent to the employee but it must serve the attorney to begin the running of the statute of limitations.

3. If the employee is represented by a person who is not an attorney, a copy of the award may be sent to the representative but it must serve the employee to start the statute of limitations running.

For example, in Weeks v State of New York, 198 AD2d 615, the Appellate Division refused to recognize the date of the delivery of an arbitration award to the employee?s union representative, who was not an attorney, as the date from which to measure when the statute of limitations began to run.

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[1] Education Law Section 3020-a.5, however, sets a much shorter statute of limitations to appeal an adverse disciplinary determination involving educators. Section 3020-a.5 provides ?Not later than ten days after receipt of the hearing officer?s decision, the employee or the employing board may make an application to the New York state supreme court to vacate or modify the decision of the hearing officer pursuant to section seven thousand five hundred eleven of the civil practice law and rules.?

[2] The decision does not indicate the date on which McRae received the arbitration award nor does it indicate if a ?union?s attorney? rather than a layperson, received the award.

Full post as published by New York Public Personnel Law on January 30, 2008 (boomark / email).