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WERNER ENTERPRISES CO. v. NEW YORK CITY LAW DEPARTMENT, WORKERS' COMPENSATION DIVISION

281 A.D.2d 253 (2001)

721 N.Y.S.2d 536

WERNER ENTERPRISES CO., Appellant, v. NEW YORK CITY LAW DEPARTMENT, WORKERS' COMPENSATION DIVISION, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 15, 2001.

Vacatur of the subject awards was properly denied, since the proceeding was commenced more than 90 days after the awards were delivered to petitioner, as evidenced by the letter of petitioner's counsel to the arbitration forum acknowledging receipt of the award (see, CPLR 7511 [a]; see, Robinson v City of New York, 237 A.D.2d 127, lv denied 90 N.Y.2d 801). Contrary to petitioner's argument, there is nothing to suggest...

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