101 Acupuncture v. State Farm Mut.

Full title: 101 ACUPUNCTURE, P.C. a/a/o EDWIN BAEZ, Appellant, v. STATE FARM MUTUAL…

Court: Appellate Term of the Supreme Court of New York, Second Department

Date published: May 28, 2008

2008 N.Y. Slip Op. 51118 (N.Y. App. Term 2008)

Opinion

2006-1911 K C.

Decided May 28, 2008.

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.

PRESENT: PESCE, P.J., GOLIA and STEINHARDT, JJ.

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; Matter of Petrofsky [Allstate Ins. Co.], 54 NY2d 207; Matter of Progressive Cas. Ins. Co. v New York State Ins. Fund, 47 AD3d 633; Matter of Shand [Aetna Ins. Co.], 74 AD2d 442). 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.