90-Day Statute Of Limitations To Challenge Arbitration Decision Begins To Run When Decision Is Received

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.