Opinion
10-05-2023
Advanced Recovery Equipment & Supplies, LLC, as Assignee of Keith Hernandez, Respondent, v. Tri-State Consumer Insurance Company, Appellant.
Thomas Torto, for appellant. Law Offices of Jonathan B. Seplowe, P.C. (Alan M. Elis of counsel), for respondent.
Unpublished Opinion
Thomas Torto, for appellant.
Law Offices of Jonathan B. Seplowe, P.C. (Alan M. Elis of counsel), for respondent.
PRESENT:: JERRY GARGUILO, P.J., ELIZABETH H. EMERSON, BARRY E. WARHIT, JJ
Appeal from a judgment of the District Court of Nassau County, First District (Robert E. Pipia, J.), entered January 10, 2020. The judgment was entered pursuant to an order of that court dated December 17, 2018, which granted a petition to vacate a master arbitrator's award dated January 10, 2018 and remitted the matter to the master arbitrator for a new determination.
ORDERED that the judgment is affirmed, without costs.
Advanced Recovery Equipment & Supplies, LLC (Advanced) commenced this proceeding pursuant to CPLR 7511 to vacate a master arbitrator's award, which upheld the award of an arbitrator, denying Advanced's claims to recover assigned first-party no-fault benefits for services rendered on June 11, 2015. The District Court, by order entered January 10, 2020, granted the petition on the ground that the master arbitrator's award was contrary to settled law and remitted the matter to the master arbitrator for a new determination.
Upon a review of the record, we agree with the District Court's determination vacating the master arbitrator's determination, as there was no rational basis to support it (see Matter of Acuhealth Acupuncture, P.C. v Country-Wide Ins. Co.,149 A.D.3d 828[2017]). Consequently, contrary to the insurer's contention, the District Court properly granted the petition.
Accordingly, the judgment is affirmed.
GARGUILO, P.J., and EMERSON, J., concur.
WARHIT, J., taking no part.