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IN THE MATTER OF LUMBERMENS MUTUAL CASUALTY COMPANY v. CITY OF NEW YORK

5 A.D.3d 684 (2004)

774 N.Y.S.2d 758

In the Matter of LUMBERMENS MUTUAL CASUALTY COMPANY, Appellant, v. CITY OF NEW YORK, Respondent.

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

March 22, 2004.

Ordered that the order and judgment is affirmed, with costs.

Pursuant to CPLR 7511 (a), an application to vacate an arbitrator's award must be made "by a party within ninety days after [its] delivery to [that party]." Here, the documentary evidence submitted in support of the petitioner's application established that the petitioner received the arbitrator's decision no later than November 9, 2001. Since this proceeding was...

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