Legal Opinion

Case v. Monroe Community College

New York Court of Appeals

Decided February 11, 1997PublishedCited by 21 opinions

1Opinion of the Court

OPINION OF THE COURT

ClPARICK, J.

The narrow issue presented on this appeal is whether service of an arbitration award upon the union representing an aggrieved member constitutes service upon that individual member, for purposes of measuring the timeliness of an appeal from the award. We hold that regardless of whether the union elects to pursue an appeal on behalf of its member, the operative date is the date the arbitrator served the union with the award. Therefore, we reverse the order of the Appellate Division and dismiss the petition as untimely.

Petitioner was employed by respondent…

2Cases cited8 opinions

  1. Vaca v. SipesSupreme Court of the United States · 1967
  2. Hines v. Anchor Motor Freight, Inc.Supreme Court of the United States · 1976
  3. Bianca v. FrankNew York Court of Appeals · 1977
  4. Beckman v. Greentree Securities, Inc.New York Court of Appeals · 1996
  5. Diaz v. Pilgrim State Psychiatric CenterNew York Court of Appeals · 1984

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3Cited by21 opinions

  1. The Matter of Ganiyu Adebola v. Diana OdunbakuNew York Court of Appeals · 2016
  2. Awaraka v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2009
  3. McRae v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2007
  4. Pender v. New York State Office of Mental Retardation & Developmental DisabilitiesAppellate Division of the Supreme Court of the State of New York · 2006
  5. Youngelman v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2003

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