October 19, 2007

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

Headnote

The court considered the petition to vacate the master arbitrator's award in a case involving a dispute over first-party no-fault benefits. The main issue decided was whether there was a rational basis for the master arbitrator's determination upholding the arbitrator's award, which denied the petitioner's claims for benefits. The court found a rational basis for the master arbitrator's determination and upheld the denial of the petitioner's claims. The holding of the case was that the judgment was modified to add a provision confirming the master arbitrator's award, and as modified, it was affirmed without costs. The court also stated that the lower court properly denied the petition to vacate the master arbitrator's award, and pursuant to CPLR 7511 (e), was required to confirm the award.

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

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This opinion is uncorrected and will not be published in the printed Official Reports.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