MATTER OF DeMARTINO v. CITY OF NEW YORK

6816, 105059/08.

92 A.D.3d 523 (2012)

938 N.Y.S.2d 432

2012 NY Slip Op 1136

In the Matter of GENE DeMARTINO, as President, Local 376, District Council, American Federation of State, County and Municipal Employees, AFL-CIO, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

Decided February 14, 2012.


Petitioner commenced this hybrid proceeding on April 4, 2008, to confirm a May 24, 2005 arbitration award and to annul respondents' determination refusing to pay the grievants at the SHR rates fixed by the city comptroller. The limitations period for actions upon arbitration awards is one year (CPLR 215 [5]). Thus, the proceeding is untimely to the extent it is brought under article 75. We reject petitioner's argument that respondents are barred by the doctrine of equitable...

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