December 11, 2006

Avenue N Med., P.C. v New York Cent. Mut. Fire Ins. Co. (2006 NY Slip Op 52549(U))

Headnote

The relevant facts the court considered were that Avenue N Medical, P.C. initiated a compulsory arbitration proceeding against New York Central Mutual Fire Insurance Company to recover first-party no-fault benefits for medical services rendered to its assignor following an automobile accident. The arbitrator and master arbitrator both denied Avenue's claim for benefits. Avenue then sought to vacate the master arbitrator's award, but the court below denied the petition, finding a rational basis for the master arbitrator's determination. The main issue decided by the court was whether there was a rational basis for the master arbitrator's decision to deny Avenue's claim for benefits. The court held that there was a rational basis for the master arbitrator's determination, and, pursuant to CPLR 7511 (e), the court was required to confirm the award. Therefore, the holding of this legal case was that the court affirmed the denial of the petition to vacate the master arbitrator's award and added a provision confirming the award. The case concluded that a special proceeding should terminate in a judgment, not an order.

Reported in New York Official Reports at Avenue N Med., P.C. v New York Cent. Mut. Fire Ins. Co. (2006 NY Slip Op 52549(U))

Avenue N Med., P.C. v New York Cent. Mut. Fire Ins. Co. (2006 NY Slip Op 52549(U)) [*1]

Avenue N Med., P.C. v New York Cent. Mut. Fire Ins. Co.

2006 NY Slip Op 52549(U) [14 Misc 3d 134(A)]

Decided on December 11, 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This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 11, 2006

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON PATTERSON and BELEN, JJ
2005-1034 K C.

Avenue N Medical, P.C. A/A/O LOUIS PELLOT, Appellant,
against
New York Central Mutual Fire Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Peter Paul Sweeney, J.), entered January 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.

Avenue N Medical, PC (Avenue) initiated this compulsory arbitration proceeding against New York Central Mutual Fire Insurance Company to recover $2,167.07 in first-party no-fault benefits for medical services rendered to its assignor for injuries he
sustained in an automobile accident. Following an arbitration hearing, by award dated February 18, 2004, the arbitrator denied Avenue’s claim, which decision Avenue appealed to the master arbitrator. By award dated August 13, 2004, the master arbitrator affirmed the arbitrator’s award. Avenue then commenced the instant special proceeding to vacate the award of the master arbitrator. By order entered January 31, 2005, the court below denied the petition.

Upon a review of the record, we find a rational basis for the determination of the master arbitrator (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 [*2]442 [1980]). Consequently, 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.
Decision Date: December 11, 2006