November 15, 2006

RJ Professional Acupuncturist P.C. v Geico Ins. Co. (2006 NY Slip Op 52255(U))

https://www.beynensonlaw.com/case-law/rj-professional-acupuncturist-p-c-v-geico-ins-co-2006-ny-slip-op-52255u/

Court: Appellate Term, Second Department
Decided: November 15, 2006
Citation: 2006 NY Slip Op 52255(U) · 13 Misc 3d 140(A)
Posture: Article 75 petition
Outcome: Insurer prevailed
Issues: CPLR article 75 (arbitration awards)

Cite as

RJ Professional Acupuncturist P.C. v Geico Ins. Co., 13 Misc 3d 140(A), 2006 NY Slip Op 52255(U) (App Term, 2d Dept, 2d & 11th Jud Dists 2006)

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Summary

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

An arbitration award must be confirmed under CPLR 7511 (e) when a petition to vacate it is denied. The Appellate Term, Second Department, modified the order to confirm the master arbitrator's award and otherwise affirmed, leaving the insurer's denial of benefits intact. Review of the record disclosed a rational basis for the master arbitrator's determination upholding the arbitrator's denial of the provider's claims. The court also noted that under CPLR 411 a special proceeding should terminate in a judgment rather than an order.

Reported in New York Official Reports at RJ Professional Acupuncturist P.C. v Geico Ins. Co. (2006 NY Slip Op 52255(U))

[*1]

RJ Professional Acupuncturist P.C. v Geico Ins. Co.

2006 NY Slip Op 52255(U) [13 Misc 3d 140(A)]

Decided on November 15, 2006

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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 15, 2006

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON PATTERSON and BELEN, JJ
2005-1032 K C.

RJ Professional Acupuncturist P.C. a/a/o LOUIS RODRIGUEZ, Appellant,
against
Geico Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Ellen Spodek, J.), entered March 31, 2005. The order denied the petition to vacate the master arbitrator’s award.

Order modified by adding thereto a provision confirming the master arbitrator’s award; as so modified, 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 the petitioner’s claims for no-fault benefits (see e.g. Matter of Smith [Firemen’s Ins. Co.], 55 NY2d 224 [1982]; 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]).

We note that a special proceeding should terminate in a judgment, not an order (see CPLR 411).

Pesce, P.J., Weston Patterson and Belen, JJ., concur. [*2]
Decision Date: November 15, 2006

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