Failure to file a timely appeal fatal to a party's challenging an arbitration award

Failure to file a timely appeal fatal to a party's challenging an arbitration award Martin v Department of Educ. of the City of N.Y., 018 NY Slip Op 09018, Appellate Division, First DepartmentThe Appellate Division affirmed the Supreme Court's ruling granting the Department of Education's (DOE) cross-motion to dismiss Lorna Martin's petition seeking to vacate an arbitration award terminating her employment.Addressing a number of procedural issues, the Appellate Division first explained that Martin failed to commence her CPLR Article 75 proceeding within 10 days of her receipt of the Hearing Officer's decision as mandated by Education Law §3020-a[5][a].The court, citing Leon v Department of Education of the City of New York, 115 AD3d 435, then opined that Martin did not show that she suffered prejudice as a result of [1] the disciplinary hearing not being completed within 125 days (see Education Law §3020-a[3][c][vii]) or [2] the arbitration…

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