Legal Opinion

In Re the Arbitration Between Cady & Aetna Life & Casualty Co.

New York Court of Appeals

Decided May 8, 1984PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

At issue on this appeal is the validity of a regulation of the New York State Insurance Department limiting to 51 days the time to commence a proceeding pursuant to CPLR article 75 challenging a master arbitrator’s award under the No-Fault Insurance Law. The lower courts found the regulation invalid, as inconsistent with the 90-day limitations period provided by the Legislature in CPLR 7511 (subd [a]), and we now affirm.

Petitioner, a deputy sheriff, was injured during the course of his employment in a one-car accident. He received full salary during his absence from work…

3Cases cited3 opinions

  1. Trump-Equitable Fifth Avenue Co. v. GliedmanNew York Court of Appeals · 1982
  2. Finger Lakes Racing Ass'n v. New York State Racing & Wagering BoardNew York Court of Appeals · 1978
  3. Breen v. Cunard Lines Steamship Co.New York Court of Appeals · 1974

4Cited by15 opinions

  1. Trump-Equitable Fifth Avenue Co. v. GliedmanNew York Court of Appeals · 1984
  2. Harry Hoffman Printing, Inc. v. Graphic Communications, International Union, Local 261Court of Appeals for the Second Circuit · 1990
  3. McNulty v. New York State Tax CommissionNew York Court of Appeals · 1987
  4. State Farm Mutual Automobile Insurance v. Nationwide Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
  5. Marlow v. TullyNew York Court of Appeals · 1984

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