Case v. Monroe Community College

—Order unanimously modified on the law and as modified affirmed with costs to petitioner in accordance with the following Memorandum: Supreme Court properly denied respondent’s motion to dismiss the petition. The 90-day time limit for commencing a proceeding to vacate or modify an arbitration award (CPLR 7511 [a]) did not begin to run when the award was delivered to the union representing petitioner; it began when the award was delivered to petitioner (see, Matter of Weeks v State of New York, 198 AD2d 615).

The court, however, should have granted petitioner’s application to modify the award…