February 27, 2007

Alternative Health Care of N.Y. v Progressive Ins. Co. (2007 NY Slip Op 50379(U))

Headnote

The court considered the denial of first-party no-fault benefits to Alternative Health Care of N.Y. Their claims were upheld by the master arbitrator, and the court had to decide whether to confirm the master arbitrator's award. The main issue was whether the master arbitrator's determination had a rational basis. The court held that there was a rational basis for the master arbitrator's decision and confirmed the award, modifying the lower court's order to include the confirmation of the arbitrator's award. The court also noted that the special proceeding should have terminated in a judgment, not an order.

Reported in New York Official Reports at Alternative Health Care of N.Y. v Progressive Ins. Co. (2007 NY Slip Op 50379(U))

Alternative Health Care of N.Y. v Progressive Ins. Co. (2007 NY Slip Op 50379(U)) [*1]

Alternative Health Care of N.Y. v Progressive Ins. Co.

2007 NY Slip Op 50379(U) [14 Misc 3d 143(A)]

Decided on February 27, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 27, 2007

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., GOLIA and BELEN, JJ
2006-355 K C.

Alternative Health Care of N.Y. a/a/o Tracyann Thompson, Appellant,
against
Progressive Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Ellen M. Spodek, J.), entered March 24, 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 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 27, 2007