Petitioner did not waive clarification of the initial award, to ascertain precisely what was intended by the arbitrator's direction that the grievant be reinstated to "his former position," since petitioner's written request for clarification was submitted within 20 days of the award's delivery in accordance with CPLR 7509, and the clarification was sought only to cure an imperfection in the form of the award (see CPLR 7511 [c] [3]).
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MATTER OF TOUSSAINT v. NEW YORK CITY TRANSIT AUTHORITY
309 A.D.2d 641 (2003)
765 N.Y.S.2d 788
In the Matter of ROGER TOUSSAINT, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided October 23, 2003.
Decided October 23, 2003.
Appellate Division of the Supreme Court of the State of New York, First Department.
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