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FASHION INSTITUTE OF TECHNOLOGY, STATE UNIVERSITY OF NEW YORK v. UNION OF COLLEGE EMPLOYEES OF FASHION INSTITUTE OF TECHNOLOGY, LOCAL 3457, AMERICAN FEDERATION OF TEACHERS

40 A.D.3d 442 (2007)

836 N.Y.S.2d 586

FASHION INSTITUTE OF TECHNOLOGY, STATE UNIVERSITY OF NEW YORK, Appellant, v. UNION OF COLLEGE EMPLOYEES OF FASHION INSTITUTE OF TECHNOLOGY, LOCAL 3457, AMERICAN FEDERATION OF TEACHERS, Respondent.

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

Decided May 22, 2007.

The school argues that the award should be vacated because the arbitrator erred in finding that petitioner's grievance was timely initiated in accordance with the time limits set forth in the collective bargaining agreement. Assuming such argument was not waived by the school's participation in the arbitration (but see Matter of Silverman [Benmor Coats], 61 N.Y.2d 299, 307-308, 309 [1984] [contention that agreement to arbitrate,...

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