RJ Professional Acupuncturist, P.C. v Country Wide Ins. Co.
Annotate this CaseDecided on March 31, 2010
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., WESTON and STEINHARDT, JJ
2007-350 K C.
RJ Professional Acupuncturist, P.C. a/a/o FEING LI, Respondent,
against
Country Wide Insurance Company, Appellant.
Appeal from an order the Civil Court of the City of New York, Kings County (Richard
Velasquez, J.), entered December 1, 2006. The order granted a petition to vacate a master
arbitrator's award and directed the entry of judgment in favor of petitioner in the principal sum of
$6,498.52.
ORDERED that the order is reversed without costs and the petition to vacate the master arbitrator's award is denied without prejudice to renewal upon proper papers.
RJ Professional Acupuncturist, P.C. commenced this proceeding pursuant to CPLR 7511 to
vacate a master arbitrator's award which upheld an arbitrator's award denying petitioner's claim
for assigned first-party no-fault benefits. The Civil Court
granted the petition, vacated the master arbitrator's award and directed the entry of
judgment in favor of petitioner in the principal sum of $6,498.52.
The papers submitted by petitioner to the Civil Court were insufficient on their face to
warrant the granting of any relief (see
SP Med., P.C. v Country-Wide Ins. Co., 20 Misc 3d 126[A], 2008 NY Slip Op
51230[U] [App Term, 2d & 11th Jud Dists 2008]). The only document submitted by petitioner in
support of the petition was one denominated an "Affirmation in Support." The attorney who
purportedly signed the document did not affirm the statements contained therein "to be true
under the penalties of perjury" (CPLR 2106) but merely indicated that he "states as follows"
(cf. Puntino v Chin, 288 AD2d 202 [2001]; Jones v Schmitt, 7 Misc 3d 47 [App Term, 2d & 11th Jud Dists
2005]; see also A.B. Med. Servs. PLLC
v Prudential Prop. & Cas. Ins. Co., 11 Misc 3d 137[A], 2006 NY Slip Op 50504[U]
[App Term, 2d & 11th Jud Dists 2006]). Consequently, the document is insufficient as an
affirmation (SP Med., P.C., 20 Misc 3d 126[A], 2008 NY Slip Op 51230[U]). In view of
the foregoing, the order [*2]is reversed and the petition to vacate
the master arbitrator's award is denied without
prejudice to renewal upon proper papers (see Matter of Sadler Textiles [Winston
Uniform Corp.], 39 AD2d 845 [1972]).
Pesce, P.J., Weston and Steinhardt, JJ., concur.
Decision Date: March 31, 2010
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