101 Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co.

[*1] 101 Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co. 2008 NY Slip Op 51118(U) [19 Misc 3d 145(A)] Decided on May 28, 2008 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 28, 2008
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., GOLIA and STEINHARDT, JJ
2006-1911 K C.

101 Acupuncture, P.C. a/a/o EDWIN BAEZ, Appellant,

against

State Farm Mutual Automobile Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Delores J. Thomas, J.), dated June 30, 2006. The order denied the petition to vacate the master arbitrator's award and granted the cross petition to confirm the award.

Order affirmed without costs.

Upon a review of the record, we find that the determination of the master arbitrator upholding the arbitrator's award, which denied petitioner's claim for assigned first-party no-fault benefits, had a rational basis and was not arbitrary and capricious (see e.g. Matter of Motor Veh. Acc. Indem. Corp. v Aetna Cas. & Sur. Co., 89 NY2d 214 [1996]; Matter of Petrofsky [Allstate Ins. Co.], 54 NY2d 207 [1981]; Matter of Progressive Cas. Ins. Co. v New York State Ins. Fund, 47 AD3d 633 [2008]; 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 and granted the cross petition to confirm the award.

Pesce, P.J., Golia and Steinhardt, JJ., concur.
Decision Date: May 28, 2008