December 27, 2007

SP Med., P.C. v General Assur. Co. (2007 NY Slip Op 52452(U))

Headnote

The provider's petition to vacate the master arbitrator's award was denied because the record supplied a rational basis for the award. The Appellate Term, Second Department, affirmed the judgment confirming the master arbitrator's determination upholding the arbitrator's denial of no-fault benefits. The court relied on its review of the record and CPLR 7511 (e).

Reported in New York Official Reports at SP Med., P.C. v General Assur. Co. (2007 NY Slip Op 52452(U))

[*1]
SP Med., P.C. v General Assur. Co.
2007 NY Slip Op 52452(U) [18 Misc 3d 128(A)]
Decided on December 27, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 27, 2007
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT:: PESCE, P.J., GOLIA and RIOS, JJ
2006-1107 K C.

SP Medical, P.C. a/a/o Manuel Taveras, Appellant,

against

General Assurance Company, Respondent.


Appeal from a judgment of the Civil Court of the City of New York, Kings County (Lila Gold, J.), entered March 23, 2006. The judgment denied the petition to vacate the master arbitrator’s award and confirmed the award.


Judgment affirmed without costs.

Upon a review of the record, we find a rational basis for the determination of the master arbitrator upholding the arbitrator’s award which denied petitioner’s claim for first-party no-fault benefits (see e.g. Matter of Petrofsky [Allstate Ins. Co.], 54 NY2d 207 [1981]; Matter of Adams v Allstate Ins. Co., 210 AD2d 319 [1994]; Matter of Shand [Aetna Ins. Co.], 74 AD2d 442 [1980]). Accordingly, the court below properly denied
the petition to vacate the master arbitrator’s award and confirmed the award (CPLR 7511 [e]).

Pesce, P.J., Golia and Rios, JJ., concur.
Decision Date: December 27, 2007

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