S.P. Med. Ctr. v Allstate Ins. Co.
Annotate this CaseDecided 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
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