October 3, 2007
RJ Professional Acupuncturist, P.C. v Allstate Ins. Co. (2007 NY Slip Op 51975(U))
Headnote
Reported in New York Official Reports at RJ Professional Acupuncturist, P.C. v Allstate Ins. Co. (2007 NY Slip Op 51975(U))
| RJ Professional Acupuncturist, P.C. v Allstate Ins. Co. |
| 2007 NY Slip Op 51975(U) [17 Misc 3d 130(A)] |
| Decided on October 3, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., WESTON PATTERSON and BELEN, JJ
2006-786 K C.
against
Allstate Insurance Company, Respondent.
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Arlene Bluth, J.), entered December 8, 2005. 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 with $25 costs to respondent.
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 claims 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.
[*2]
Decision Date: October 03, 2007