October 3, 2007

RJ Professional Acupuncturist, P.C. v Allstate Ins. Co. (2007 NY Slip Op 51975(U))

https://www.beynensonlaw.com/case-law/rj-professional-acupuncturist-p-c-v-allstate-ins-co-2007-ny-slip-op51975u/

Court: Appellate Term, Second Department
Decided: October 3, 2007
Citation: 2007 NY Slip Op 51975(U) · 17 Misc 3d 130(A)
Posture: Article 75 petition
Outcome: Insurer prevailed
Issues: CPLR article 75 (arbitration awards)

Cite as

RJ Professional Acupuncturist, P.C. v Allstate Ins. Co., 17 Misc 3d 130(A), 2007 NY Slip Op 51975(U) (App Term, 2d Dept, 2d & 11th Jud Dists 2007)

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Summary

Editorial summary by Beynenson Law, not part of the court’s decision.

An award must be confirmed under CPLR 7511 (e) when a petition to vacate it is denied. The provider sought to vacate a master arbitrator's award upholding denial of assigned no-fault claims. The Appellate Term, Second Department, found a rational basis for the master arbitrator's determination and upheld denial of the petition. It modified the judgment to add confirmation of the award and otherwise affirmed, preserving the insurer's favorable result.

Reported in New York Official Reports at RJ Professional Acupuncturist, P.C. v Allstate Ins. Co. (2007 NY Slip Op 51975(U))

[*1]

RJ Professional Acupuncturist, P.C. v Allstate Ins. Co.

2007 NY Slip Op 51975(U) [17 Misc 3d 130(A)]

Decided on October 3, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 3, 2007

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON PATTERSON and BELEN, JJ
2006-786 K C.

RJ Professional Acupuncturist, P.C. a/a/o HECTOR BARRIENTOS, Appellant,
against
Allstate Insurance Company, Respondent.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Arlene Bluth, J.), entered December 8, 2005. The judgment denied the petition to vacate the master arbitrator’s award.

Judgment modified by adding thereto a provision confirming the master arbitrator’s award; as so modified, affirmed with $25 costs to respondent.

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 claims for assigned first-party no-fault benefits (see e.g. Matter of Petrofsky [Allstate Ins. Co.], 54
NY2d 207 [1981]; 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. However, upon denying the petition, the court was required, pursuant to CPLR 7511 (e), to confirm the award (see Matter of Exclusive Med. & Diagnostic v Government Empls. Ins. Co., 306 AD2d 476 [2003]).

Pesce, P.J., Weston Patterson and Belen, JJ., concur. [*2]
Decision Date: October 03, 2007

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