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In re Joseph

Supreme Court of New York, Second Department

September 11, 2013

In the Matter of Clifford Joseph, appellant,
v.
MTA, New York City Transit, respondent. (Index No. 17043/11)

Jason M. Wolf, Bronx, N.Y., for appellant.

Martin B. Schnabel, Brooklyn, N.Y. (Kristen Nolan of counsel), for respondent.

MARK C. DILLON, J.P., SHERI S. ROMAN, ROBERT J. MILLER, SYLVIA O. HINDS-RADIX, JJ.

DECISION & ORDER

In a proceeding pursuant to CPLR article 75 to vacate an arbitration award dated April 18, 2011, the petitioner appeals from an order of the Supreme Court, Kings County (Landicino, J.), dated May 30, 2012, which, in effect, granted the motion of MTA, New York City Transit, to dismiss the petition as time-barred, and directed the entry of judgment in favor of MTA, New York City Transit, and against him dismissing the proceeding.

ORDERED that the order is affirmed, with costs.

The Supreme Court properly directed the dismissal of the proceeding as time-barred (see Matter of Case v Monroe Community Coll., 89 N.Y.2d 438; Matter of McRae v New York City Tr. Auth., 39 A.D.3d 861).

DILLON, J.P., ROMAN, MILLER and HINDS-RADIX, JJ., concur.


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