IN THE MATTER OF BEALS v. NEW YORK CITY TRANSIT

Nos. 7374, 108825/10.

94 A.D.3d 543 (2012)

942 N.Y.S.2d 86

2012 NY Slip Op 2784

In the Matter of THOMAS H. BEALS, Appellant, v. NEW YORK CITY TRANSIT, Respondent.

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

Decided April 12, 2012.


The arbitrator properly declined to apply the collective bargaining agreement's statute of limitations on the ground that, pursuant to its terms, it had not commenced running while an investigation of the conduct leading to the disciplinary charges against petitioner was under way. In any event, any error by the arbitrator in interpreting the facts or applying the law on this issue did not provide a basis for vacatur of the award (see Matter of Adolphe v New York City...

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