Babio v. Westchester County Department of Correction

—In a proceeding, inter alia, pursuant to CELR article 75 to vacate an arbitration award dated December 28, 2007, the petitioners appeal from (1) an order of the Supreme Court, Westchester County (Bellantoni, J.), entered *684September 11, 2008, which denied the petition and granted the cross motion of the Westchester County Department of Correction and the County of Westchester, inter alia, pursuant to CPLR 3211 (a) (5) to dismiss the proceeding as untimely, and (2) a judgment of the same court dated December 2, 2008, which, upon the order, dismissed the proceeding as untimely.

Ordered that the…