| Naval v American Arbitration Assn. |
| 2011 NY Slip Op 02733 [83 AD3d 423] |
| April 5, 2011 |
| Appellate Division, First Department |
| Uday C. Naval, Appellant, v American ArbitrationAssociation, Respondent. City University of New York et al., NonpartyRespondents. |
—[*1] Eric T. Schneiderman, Attorney General, New York (David Lawrence III of counsel), forCity University of New York and Herbert H. Lehman College, respondents.
Appeal from order, Supreme Court, New York County (O. Peter Sherwood, J.), enteredFebruary 1, 2010, which declined to sign an order to show cause, unanimously dismissed,without costs, as taken from a nonappealable paper.
"No appeal lies from an order declining to sign an order to show cause" (Nova v Jerome Cluster 3, LLC, 46AD3d 292, 293 [2007]). In any event, the court properly declined to sign the order to showcause on the ground that the petition is untimely, having been filed more than 90 days afterdelivery of the arbitration award to petitioner (see CPLR 7511 [a]). Petitioner has failedto show a basis for tolling under CPLR 208 (see Karczewicz v New York City Tr. Auth.,244 AD2d 285, 285 [1997]). Petitioner's failure to name the City University of New York as arespondent is also fatal to his claim (see CPLR 1001 [a]).
We have considered petitioner's remaining contentions and find them unavailing.Concur—Mazzarelli, J.P., Sweeny, Renwick, Richter and Manzanet-Daniels, JJ.