Arbitration decisions can be vacated or modified under Article 75 of the CPLR. However, there is a 90-day statute of limitations to commence such a proceeding to challenge an arbitrator’s decision. CPLR 7511(a) specifically provides:
An application to vacate or modify an award may be made by a party within ninety days after its delivery to him
The statute does not define “delivery.” So, when does the statute of limitations start to run – when the arbitrator’s decision is mailed to the petitioner, or when it is received?
In a case of first impression, the Appellate Division, Fourth Department held on October 10th that the statute begins to run when it is received – Matter of Lowe v Erie Ins. Co., 2008 NY Slip Op 07735.