Opinion
No. 2015–1644 S C.
12-07-2016
Appeal from an order of the District Court of Suffolk County, First District (Vincent J. Martorana, J.), dated June 5, 2015. The order denied a petition by Global Liberty Insurance Company to vacate a master arbitrator's award.
ORDERED that the order is affirmed, without costs.
In this proceeding, petitioner seeks to vacate a master arbitrator's award, which upheld the award of an arbitrator granting the provider's claim for reimbursement of assigned first-party no-fault benefits in the sum of $78.29. The District Court denied the unopposed petition.
Upon a review of the record, we find that the determination of the master arbitrator had a rational basis and was not arbitrary, capricious, or contrary to settled law (see Matter of Motor Veh. Acc. Indem. Corp. v. Aetna Cas. & Sur. Co., 89 N.Y.2d 214 [1996] ; Matter of Petrofsky [Allstate Ins. Co.], 54 N.Y.2d 207 [1981] ; Matter of Shand [Aetna Ins. Co.], 74 A.D.2d 442 [1980] ). Thus, the petition to vacate the master arbitrator's award was properly denied, and the master arbitrator's award was properly confirmed (see CPLR 7511 [e] ), albeit on a different ground than relied upon by the arbitrator.
We note that a special proceeding should terminate in a judgment, not an order (see CPLR 411 ).
MARANO, P.J., IANNACCI and GARGUILO, JJ., concur.