October 19, 2007

Alpha Healthcare Plus Med., P.C. v Allstate Ins. Co. (2007 NY Slip Op 52037(U))

https://www.beynensonlaw.com/case-law/alpha-healthcare-plus-med-p-c-v-allstate-ins-co-2007-ny-slip-op52037u/

Court: Appellate Term, Second Department
Decided: October 19, 2007
Citation: 2007 NY Slip Op 52037(U) · 17 Misc 3d 132(A)
Posture: Article 75 petition
Outcome: Insurer prevailed
Issues: CPLR article 75 (arbitration awards)

Cite as

Alpha Healthcare Plus Med., P.C. v Allstate Ins. Co., 17 Misc 3d 132(A), 2007 NY Slip Op 52037(U) (App Term, 2d Dept, 2d & 11th Jud Dists 2007)

Posture, outcome, issues and treatment by other decisions are Beynenson Law’s classification. Treatment labels are assigned by a language model reading the citing decision; negative and appeal-history labels are checked by a second reader.

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 the denial of its 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, leaving the insurer's favorable award intact.

Reported in New York Official Reports at Alpha Healthcare Plus Med., P.C. v Allstate Ins. Co. (2007 NY Slip Op 52037(U))

[*1]

Alpha Healthcare Plus Med., P.C. v Allstate Ins. Co.

2007 NY Slip Op 52037(U) [17 Misc 3d 132(A)]

Decided on October 19, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 19, 2007

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., RIOS and BELEN, JJ
2005-581 K C.

Alpha Healthcare Plus Medical, P.C. a/a/o Melvina Mason, Appellant,
against
Allstate Insurance Company, Respondent.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Delores J. Thomas, J.), entered March 7, 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 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 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., Rios and Belen, JJ., concur.
Decision Date: October 19, 2007

Similar decisions

S.P. Med. Ctr. v Allstate Ins. Co. (2007 NY Slip Op 51978(U))An award must be confirmed under CPLR 7511 (e) when a petition to vacate it is denied.
Better Health Med., PLLC v Empire/Allcity Ins. Co. (2007 NY Slip Op 51979(U))An award must be confirmed under CPLR 7511 (e) when a petition to vacate it is denied.
L.I. Community Med., P.C. v Allstate Ins. Co. (2008 NY Slip Op 51034(U))A master arbitrator's award had a rational basis where the provider's assignment named a different entity and did not establish standing.
SP Med., P.C. v General Assur. Co. (2007 NY Slip Op 52452(U))The provider's petition to vacate the master arbitrator's award was denied because the record supplied a rational basis for the award.
563 Grand Med., P.C. v State-Wide Ins. Co. (2007 NY Slip Op 50362(U))Denial of a petition to vacate a master arbitrator's award requires confirmation of the award under CPLR 7511 (e).