February 26, 2007

563 Grand Med., P.C. v State-Wide Ins. Co. (2007 NY Slip Op 50362(U))

Headnote

The relevant facts involved in this case were that there was a petition to vacate a master arbitrator's award that denied the petitioner's claim for first-party no-fault benefits. The main issue decided by the court was whether there was a rational basis for the determination of the master arbitrator in upholding the arbitrator's award. The holding of the court was that there was a rational basis for the determination of the master arbitrator and the court properly denied the petition to vacate the master arbitrator's award. However, the court also mentioned that upon denying the petition, the court was required to confirm the award. The court modified the order by adding a provision confirming the master arbitrator's award and affirmed the decision without costs.

Reported in New York Official Reports at 563 Grand Med., P.C. v State-Wide Ins. Co. (2007 NY Slip Op 50362(U))

563 Grand Med., P.C. v State-Wide Ins. Co. (2007 NY Slip Op 50362(U)) [*1]

563 Grand Med., P.C. v State-Wide Ins. Co.

2007 NY Slip Op 50362(U) [14 Misc 3d 142(A)]

Decided on February 26, 2007

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected in part through November 4, 2011; it will not be published in the printed Official Reports.

Decided on February 26, 2007

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., GOLIA and BELEN, JJ
2005-1211 K C.

563 Grand Medical, P.C., a/a/o Marco Gist, Appellant,
against
State-Wide Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Robin S. Garson, J.), entered May 27, 2005. The order denied the petition to vacate a 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 claim for first-party no-fault benefits (see Matter of Petrofsky [Allstate Ins. Co.], 54 NY2d 207 [1981]). 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., Golia and Belen, JJ., concur.
Decision Date: February 26, 2007