September 4, 2007

Better Health Med., PLLC v Empire/Allcity Ins. Co. (2007 NY Slip Op 51980(U))

Headnote

The relevant facts considered by the court were that Better Health Medical, PLLC was seeking to vacate the master arbitrator's award which denied their claim for assigned 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 upholding the arbitrator's award. The holding of the court was that upon a review of the record, they found a rational basis for the determination of the master arbitrator, and therefore, the court denied the petition to vacate the master arbitrator's award. However, the court also held that pursuant to CPLR 7511 (e), they were required to confirm the award, and modified the judgment to add a provision confirming the master arbitrator's award. Therefore, the judgment was affirmed without costs.

Reported in New York Official Reports at Better Health Med., PLLC v Empire/Allcity Ins. Co. (2007 NY Slip Op 51980(U))

Better Health Med., PLLC v Empire/Allcity Ins. Co. (2007 NY Slip Op 51980(U)) [*1]

Better Health Med., PLLC v Empire/Allcity Ins. Co.

2007 NY Slip Op 51980(U) [17 Misc 3d 130(A)]

Decided on September 4, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 4, 2007

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON PATTERSON and BELEN, JJ
2006-1149 K C.

Better Health Medical, PLLC a/a/o MIKHAIL SHABETAYEV, Appellant,
against
Empire/Allcity Insurance Company, Respondent.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Jack M. Battaglia, J.), entered April 6, 2006. 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 petitioner’s claim for assigned 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., Weston Patterson and Belen, JJ., concur.
Decision Date: September 04, 2007