November 15, 2006
RJ Professional Acupuncturist P.C. v Geico Ins. Co. (2006 NY Slip Op 52255(U))
https://www.beynensonlaw.com/case-law/rj-professional-acupuncturist-p-c-v-geico-ins-co-2006-ny-slip-op-52255u/
- Decided
- November 15, 2006
- Citation
- 2006 NY Slip Op 52255(U) · 13 Misc 3d 140(A)
- Posture
- Article 75 petition
- Outcome
- Insurer prevailed
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Summary
Editorial summary by Beynenson Law, not part of the court’s decision.
Reported in New York Official Reports at RJ Professional Acupuncturist P.C. v Geico Ins. Co. (2006 NY Slip Op 52255(U))
| RJ Professional Acupuncturist P.C. v Geico Ins. Co. |
| 2006 NY Slip Op 52255(U) [13 Misc 3d 140(A)] |
| Decided on November 15, 2006 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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
2005-1032 K C.
against
Geico Insurance Company, Respondent.
Appeal from an order of the Civil Court of the City of New York, Kings County (Ellen Spodek, J.), entered March 31, 2005. The order denied the petition to vacate the master arbitrator’s award.
Order 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 no-fault benefits (see e.g. Matter of Smith [Firemen’s Ins. Co.], 55 NY2d 224 [1982]; 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]).
We note that a special proceeding should terminate in a judgment, not an order (see CPLR 411).
Pesce, P.J., Weston Patterson and Belen, JJ., concur.
[*2]
Decision Date: November 15, 2006
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