August 16, 2007

RJ Professional Acupuncturist, P.C. v Allstate Ins. Co. (2007 NY Slip Op 51605(U))

Headnote

The relevant facts that the court considered were the denial of the petitioner's claims for first-party no-fault benefits by the master arbitrator, which was upheld by the arbitrator's award. The main issue decided was whether there was a rational basis for the determination of the master arbitrator in denying the claims for benefits. The holding of the case was that the court found a rational basis for the master arbitrator's determination and upheld the arbitrator's award, denying the petition to vacate the award and confirming it instead. The judgment of the Civil Court was modified to include a provision confirming the master arbitrator's award, and the decision was affirmed.

Reported in New York Official Reports at RJ Professional Acupuncturist, P.C. v Allstate Ins. Co. (2007 NY Slip Op 51605(U))

RJ Professional Acupuncturist, P.C. v Allstate Ins. Co. (2007 NY Slip Op 51605(U)) [*1]

RJ Professional Acupuncturist, P.C. v Allstate Ins. Co.

2007 NY Slip Op 51605(U) [16 Misc 3d 135(A)]

Decided on August 16, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 16, 2007

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., RIOS and BELEN, JJ
2006-507 K C.

RJ Professional Acupuncturist, P.C. a/a/o Rafael Espinal, 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 December 23, 2005. The judgment denied the petition to vacate the master arbitrator’s award and dismissed the proceeding.

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: August 16, 2007