February 5, 2010
Barry Rubin, M.D., P.C. v Met Life Auto & Home Ins. Co. (2010 NY Slip Op 50223(U))
Headnote
Reported in New York Official Reports at Barry Rubin, M.D., P.C. v Met Life Auto & Home Ins. Co. (2010 NY Slip Op 50223(U))
| Barry Rubin, M.D., P.C. v Met Life Auto & Home Ins. Co. |
| 2010 NY Slip Op 50223(U) [26 Misc 3d 138(A)] |
| Decided on February 5, 2010 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : NICOLAI, P.J., MOLIA and IANNACCI, JJ
2009-385 S C.
against
Met Life Auto & Home Insurance Co., Respondent.
Appeal from an order of the District Court of Suffolk County, Third District (C. Stephen Hackeling, J.), dated January 14, 2009. The order denied a petition to vacate a master arbitrator’s award and an arbitrator’s award, and confirmed the awards.
ORDERED that the order is affirmed without costs.
In this proceeding pursuant to CPLR 7511 to vacate an arbitrator’s award which denied petitioner’s claim for assigned first-party no-fault benefits, as well as a master arbitrator’s award which upheld the arbitrator’s award, respondent opposed the petition, asserting that the arbitrator had properly denied petitioner’s claim and that the master arbitrator had properly upheld the award. The District Court denied the petition and confirmed the awards. This appeal by petitioner ensued.
The standard applicable to judicial review of an award in a compulsory arbitration proceeding is whether the award had evidentiary support and was not arbitrary and capricious (see Matter of Motor Veh. Acc. Indem. Corp. v Aetna Cas. & Sur. Co., 89 NY2d 214, 223 [1996]). Applying this standard to the instant proceeding, we find no basis to vacate the arbitrator’s award and the master arbitrator’s award. Accordingly, the District Court properly denied the petition to vacate said awards and, rather, properly confirmed them.
We note that a special proceeding should terminate in a judgment, not an order (see CPLR 411).
Nicolai, P.J., and Iannacci, J., concur.
Molia, J., taking no part.
Decision Date: February 05, 2010
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