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CASE v. MONROE CMTY. COLL

89 N.Y.2d 438 (1997)

677 N.E.2d 279

654 N.Y.S.2d 708

In the Matter of Robert W. Case, Respondent, v. Monroe Community College, Appellant.

Court of Appeals of the State of New York.

Decided February 11, 1997.

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle, LLP, Rochester (Eugene D. Ulterino and Toni Anne Nichels of counsel), for appellant.

Sullivan, Benatovich, Oliverio & Trimboli, Buffalo (Richard T. Sullivan of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE and WESLEY concur; Judge TITONE taking no part.

CIPARICK, J.

The narrow issue presented on this appeal is whether service of an arbitration award upon the union representing an aggrieved member constitutes service upon that individual member, for purposes of measuring the timeliness of an appeal from the award. We hold that regardless of whether the union elects to pursue an appeal on behalf of its member, the operative...

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