Matter of Joseph v MTA, N.Y. City Tr.
2013 NY Slip Op 05821 [109 AD3d 825]
September 11, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 30, 2013


In the Matter of Clifford Joseph, Appellant,
v
MTA, New York City Transit, Respondent.

—[*1] Jason M. Wolf, Bronx, N.Y., for appellant.

Martin B. Schnabel, Brooklyn, N.Y. (Kristen Nolan of counsel), for respondent.

In a proceeding pursuant to CPLR article 75 to vacate an arbitration award dated April 18, 2011, the petitioner appeals from an order of the Supreme Court, Kings County (Landicino, J.), dated May 30, 2012, which, in effect, granted the motion of MTA, New York City Transit, to dismiss the petition as time-barred, and directed the entry of judgment in favor of MTA, New York City Transit, and against him dismissing the proceeding.

Ordered that the order is affirmed, with costs.

The Supreme Court properly directed the dismissal of the proceeding as time-barred (see Matter of Case v Monroe Community Coll., 89 NY2d 438 [1997]; Matter of McRae v New York City Tr. Auth., 39 AD3d 861 [2007]). Dillon, J.P., Roman, Miller and Hinds-Radix, JJ., concur.