December 29, 2016

Matter of Global Liberty Ins. Co. v Coastal Anesthesia Servs., LLC (2016 NY Slip Op 08964)

Headnote

The case involves an appeal of an order from the Supreme Court in Bronx County that denied a petition to vacate a master arbitration award in a dispute between an insurance company and a healthcare provider. The insurance company sought to challenge the arbitration award entitling the healthcare provider to no-fault insurance benefits. The main issue decided was whether the insurance company was able to demonstrate statutory grounds for vacating the arbitrator's award. The court held that the insurance company failed to demonstrate any statutory grounds for vacating the award and that the decision of the Master Arbitrator in affirming the arbitration award had evidentiary support and was not arbitrary and capricious. The court also determined that the original arbitrator had acted properly within her discretionary authority to refuse to entertain any late submissions from the insurance company.

Reported in New York Official Reports at Matter of Global Liberty Ins. Co. v Coastal Anesthesia Servs., LLC (2016 NY Slip Op 08964)

Matter of Global Liberty Ins. Co. v Coastal Anesthesia Servs., LLC

2016 NY Slip Op 08964 [145 AD3d 644]

December 29, 2016

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 1, 2017

[*1]

In the Matter of Global Liberty Insurance Co., Appellant,
v
Coastal Anesthesia Services, LLC, as Assignee of Lourdes Irizarry, Respondent.

The Law Office of Jason Tenenbaum, P.C., Garden City (Jason Tenenbaum of counsel), for appellant.

Russell Friedman & Associates, LLP, Lake Success (Dara C. Goodman of counsel), for respondent.

Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered April 6, 2016, which denied petitioner’s application to vacate a master arbitration award entitling respondent to no-fault insurance benefits, and granted respondent’s cross motion to confirm the award, unanimously affirmed, with costs.

Petitioner failed to demonstrate the existence of any of the statutory grounds for vacating the Master Arbitrator’s award (CPLR 7511 [b]). The decision of the Master Arbitrator in affirming the arbitration award had evidentiary support, a rational basis, and was not arbitrary and capricious (see Matter of Petrofsky [Allstate Ins. Co.], 54 NY2d 207, 211 [1981]). The original arbitrator properly acted within her discretionary authority to refuse to entertain any late submissions proffered by petitioner (see 11 NYCRR 65-4.2 [b] [3]; Matter of Mercury Cas. Co. v Healthmakers Med. Group, P.C., 67 AD3d 1017 [2d Dept 2009]). Concur—Mazzarelli, J.P., Sweeny, Richter, Manzanet-Daniels and Feinman, JJ.