Beals v. New York City Transit

Order and judgment (one paper), Supreme Court, New York County (Barbara Jaffe, J.), entered March 9, 2011, granting *544respondent’s cross motion to dismiss the petition to vacate the arbitration award confirming petitioner’s termination, unanimously affirmed, without costs.

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…