New York Neurology Assoc., P.C. v Travelers Indem. Co.

[*1] New York Neurology Assoc., P.C. v Travelers Indem. Co. 2004 NY Slip Op 51495(U) Decided on December 1, 2004 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 1, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: PESCE, P.J., PATTERSON and RIOS, JJ.
2004-191 Q C

NEW YORK NEUROLOGY ASSOCIATES, P.C., ASSIGNEE OF ANA CRUEL, Appellant,

against

TRAVELERS INDEMNITY COMPANY, Respondent.

Appeal by petitioner from an order of the Civil Court, Queens County (D. Pineda-Kirwan, J.), entered November 13, 2003, denying its petition to vacate the master arbitrator's award.

Order unanimously affirmed without costs.

Petitioner New York Neurology Associates, P.C., commenced the instant special proceeding to vacate the May 2003 master arbitrator's award which affirmed the February 2003 arbitrator's award denying its claim for $3,211.42 in assigned no-fault
benefits, on the ground that it failed to establish the medical necessity for the services rendered. The master arbitrator determined that the arbitrator "clearly made a rationale determination that the treatment was [not] medically necessary."

A review of the record on appeal indicates that the court below correctly determined that petitioner failed to demonstrate that any of the CPLR 7511 (b) statutory criteria for vacating the master arbitrator's award were applicable (see e.g. Matter of Petrofsky [Allstate Ins. Co.], 54 NY2d 207 [1981]; Matter of Liberty Mut. Ins. Co. v Spine Americare Med., 294 AD2d 574 [2002]). Petitioner's remaining contentions lack merit.

We note that a special proceeding should terminate in a judgment, not an order (see CPLR 411).
Decision Date: December 01, 2004