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IN THE MATTER OF PENDER v. NEW YORK STATE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES

27 A.D.3d 756 (2006)

810 N.Y.S.2d 920

In the Matter of JUVONDI PENDER, Respondent, v. NEW YORK STATE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES et al., Appellants, and NEW YORK STATE DISCIPLINARY PANEL et al., Respondents.

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

March 28, 2006.

Ordered that the order dated June 8, 2004 is reversed insofar as appealed from, with costs, upon reargument, the petition is denied, the arbitration award is reinstated, the proceeding pursuant to CPLR article 75 is dismissed as untimely, and the order dated January 6, 2004 is modified accordingly.

A proceeding to vacate an arbitration award must be commenced within 90 days of receipt of the arbitrators' determination (see CPLR 7511 [a]). Here, the petitioner...

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