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MATTER OF RODRIGUEZ v. NEW YORK CITY TRANSIT AUTHORITY

280 A.D.2d 272 (2001)

719 N.Y.S.2d 853

In the Matter of ALFONSO RODRIGUEZ, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

Decided February 1, 2001.

The CPLR article 78 proceeding that petitioner brought was correctly held to be in the nature of a CPLR article 75 proceeding challenging the award rendered by the arbitration board empaneled pursuant to the grievance procedures in respondents' collective bargaining agreement with petitioner's union (see, Matter of Dye v New York City Tr. Auth., 57 N.Y.2d 917), and, so considered, was correctly dismissed because admittedly not commenced...

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