September 4, 2007

S.P. Med. Ctr. v Allstate Ins. Co. (2007 NY Slip Op 51978(U))

https://www.beynensonlaw.com/case-law/s-p-med-ctr-v-allstate-ins-co-2007-ny-slip-op-51978u/

Court: Appellate Term, Second Department
Decided: September 4, 2007
Citation: 2007 NY Slip Op 51978(U) · 17 Misc 3d 130(A)
Posture: Article 75 petition
Outcome: Insurer prevailed
Issues: CPLR article 75 (arbitration awards)

Cite as

S.P. Med. Ctr. v Allstate Ins. Co., 17 Misc 3d 130(A), 2007 NY Slip Op 51978(U) (App Term, 2d Dept, 2d & 11th Jud Dists 2007)

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Summary

Editorial summary by Beynenson Law, not part of the court’s decision.

An award must be confirmed under CPLR 7511 (e) when a petition to vacate it is denied. The provider appealed denial of its petition to vacate a master arbitrator's award upholding denial of assigned no-fault claims. The Appellate Term, Second Department, found a rational basis for the master arbitrator's determination. It modified the judgment to add the required confirmation of the award and otherwise affirmed, leaving the insurer's favorable determination intact.

Reported in New York Official Reports at S.P. Med. Ctr. v Allstate Ins. Co. (2007 NY Slip Op 51978(U))

[*1]

S.P. Med. Ctr. v Allstate Ins. Co.

2007 NY Slip Op 51978(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This opinion is uncorrected and will not be published in the printed Official Reports.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
2006-796 K C.

S.P. Medical Center a/a/o CARLOS TORBINO, Appellant,
against
Allstate Ins. Co., Respondent.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Delores J. Thomas, J.), entered March 1, 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 with $25 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 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.
Decision Date: September 04, 2007

Similar decisions

SP Med., P.C. v General Assur. Co. (2007 NY Slip Op 52452(U))The provider's petition to vacate the master arbitrator's award was denied because the record supplied a rational basis for the award.
Alpha Healthcare Plus Med., P.C. v Allstate Ins. Co. (2007 NY Slip Op 52037(U))An award must be confirmed under CPLR 7511 (e) when a petition to vacate it is denied.
563 Grand Med., P.C. v State-Wide Ins. Co. (2007 NY Slip Op 50362(U))Denial of a petition to vacate a master arbitrator's award requires confirmation of the award under CPLR 7511 (e).
L.I. Community Med., P.C. v Allstate Ins. Co. (2008 NY Slip Op 51034(U))A master arbitrator's award had a rational basis where the provider's assignment named a different entity and did not establish standing.
Better Health Med., PLLC v Empire/Allcity Ins. Co. (2007 NY Slip Op 51979(U))An award must be confirmed under CPLR 7511 (e) when a petition to vacate it is denied.