Appellate Division of the Supreme Court of New York, 2000

Rodriguez v. New York City Transit Authority

Appellate Division of the Supreme Court of New York · Decided February 28, 2000

269 A.D.2d 600; 704 N.Y.S.2d 103; 2000 N.Y. App. Div. LEXIS 2296

Cases that cite this one

9 later published cases cite this decision.

Matter of Baksh v. New York Racing Assn., Inc. (Appellate Division of the Supreme Court of New York 2024)
KUBIAK, DAVID v. DERENDA, DANIEL (Appellate Division of the Supreme Court of New York 2017)
Matter of Kubiak v. Derenda (Appellate Division of the Supreme Court of New York 2017)
McRae v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2007)
Watkins v. Board of Education of Port Jefferson Union Free School District (Appellate Division of the Supreme Court of New York 2006)
Pender v. New York State Office of Mental Retardation & Developmental Disabilities (Appellate Division of the Supreme Court of New York 2006)
EMP of Cadillac, LLC v. Assessor of Spring Valley (Appellate Division of the Supreme Court of New York 2005)
Simon v. New York State Office of Parks, Recreation & Historic Preservation (Appellate Division of the Supreme Court of New York 2003)
Rodriguez v. New York City Transit Auth. (Appellate Division of the Supreme Court of New York 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In a proceeding pursuant to CPLR article 78 to review a determination of a tripartite arbitration board, dated July 17, 1997, upholding the dismissal of the petitioner from his employment with the New York City Transit Authority, the New York City Transit Authority appeals, as limited by its brief, from so much of an order and judgment (one paper) of the Supreme Court, Kings County (Barasch, J.), dated August 18, 1998, as granted the petition, vacated the determination, reinstated the petitioner to his position as a cleaner, and awarded the petitioner back pay, and the petitioner cross-appeals from so much of the same order and judgment as denied his application for attorneys’ fees.

Ordered that the order and judgment is reversed insofar as appealed from, without costs or disbursements, the petition is dismissed as untimely, and the determination of the tripartite arbitration board is confirmed in accordance with CPLR 7511 (e); and it is further,

Ordered that the cross appeal is dismissed as academic, without costs or disbursements.

Contrary to the Supreme Court’s determination, the only proper proceeding to seek review of the arbitrators’ decision in this case would be pursuant to CPLR article 75 (see, Matter of Robinson v New York City Tr. Auth., 231 AD2d 639; Matter of Long v Mellen, 145 AD2d 633), which must be commenced within 90 days of receipt of the arbitrators’ decision (see, CPLR 7511 [a]). It is undisputed that the petitioner received a copy of the arbitrators’ determination upholding his dismissal from the New York City Transit Authority (hereinafter Transit Authority), on July 24, 1997. The underlying CPLR article 78 proceeding was commenced on November 15, 1997.

Although the Supreme Court had the authority to treat the CPLR article 78 proceeding as an application pursuant to *601CPLR article 75 (see, CPLR 103 [c]; Matter of Long v Mellen, supra), it did not have the power to extend the Statute of Limitations from 90 days to four months (see, Matter of Malatestinic v Board of Educ., 132 AD2d 661). Accordingly, the proceeding must be dismissed as untimely.

In light of the foregoing, the Transit Authority’s remaining contentions need not be addressed. O’Brien, J. P., S. Miller, McGinity and Feuerstein, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.