September 4, 2007

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

Headnote

The relevant facts the court considered were that S.P. Medical Center had filed a petition to vacate the master arbitrator's award that denied their claims for assigned first-party no-fault benefits from Allstate Insurance Company. The main issue decided by the court was whether there was a rational basis for the determination of the master arbitrator upholding the arbitrator's award. The holding of the court was that upon reviewing the record, they found a rational basis for the determination of the master arbitrator upholding the arbitrator's award, and therefore, the court properly denied the petition to vacate the master arbitrator's award. The court also modified the judgment to add a provision confirming the master arbitrator's award.

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

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This opinion is uncorrected and will not be published in the printed Official Reports.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