Accessible & Advance Med., P.C. v Utica Mut. Ins. Co.

[*1] Accessible & Advance Med., P.C. v Utica Mut. Ins. Co. 2007 NY Slip Op 51273(U) [16 Misc 3d 128(A)] Decided on June 21, 2007 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on June 21, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : WESTON PATTERSON, J.P., GOLIA and BELEN, JJ
2006-898 K C.

Accessible and Advance Medical, P.C. a/a/o JULIO ANTONIO MEJIA, Appellant,

against

Utica Mutual Insurance Company, Respondent.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Arlene Bluth, J.), entered March 2, 2006. The judgment denied the petition to vacate the master arbitrator's award and dismissed the proceeding.

Judgment affirmed without costs.

A proceeding to vacate an arbitration award must be commenced within 90 days of receipt of the arbitrator's determination (see CPLR 7511 [a]). Here, the petitioner or its counsel received the master arbitrator's determination, at the latest, on November 1, 2004 (see generally CPLR 2103 [b] [3]), the operative date from which to measure the 90-day statute of limitations (see Matter of McRae v New York City Tr. Auth., 39 AD3d
861 [2007]; Matter of Pender v New York State Off. of Mental Retardation & Dev. Disabilities, 27 AD3d 756 [2006]). This proceeding was commenced by the filing of a petition on February 1, 2005 (CCA 400). Therefore, the proceeding was untimely commenced (see Matter of McRae v New York City Tr. Auth., 39 AD3d 861, supra; Matter of Pender v New York State Off. of Mental Retardation & Dev. Disabilities, 27 AD3d 756, supra). As a result, the judgment dismissing the proceeding should be affirmed (see Parochial Bus Sys. v Board of Educ. of City of N.Y., 60 NY2d 539, 546 [1983]).

In light of the foregoing, we reach no other issue. [*2]

Weston Patterson, J.P., Golia and Belen, JJ., concur.
Decision Date: June 21, 2007