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MATTER OF LOWE (ERIE INS. CO.)

56 A.D.3d 130 (2008)

865 N.Y.S.2d 465

In the Matter of the Arbitration between BRENDA LOWE, Appellant, and ERIE INSURANCE COMPANY, Respondent.

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

October 10, 2008.

Attorney(s) appearing for the Case

Fessenden, Laumer & DeAngelo, Jamestown (Mary B. Schiller of counsel), for petitioner-appellant.

Mura & Storm, PLLC, Buffalo (Brian C. Clark of counsel), for respondent-respondent.

HURLBUTT, J.P., SMITH, GREEN and PINE, JJ., concur.

OPINION OF THE COURT

CENTRA, J.

I.

The straightforward but apparent issue of first impression in an appellate court in New York is whether the 90-day statute of limitations set forth in CPLR 7511 (a) begins to run on the date on which the arbitrator's decision was mailed to petitioner or the date on which it was received by petitioner or his or her agent. We conclude that the operative measuring date is the date on which the decision was received...

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