Opinion
2005-1986 K C.
Decided October 27, 2006.
Appeal from an order of the Civil Court of the City of New York, Kings County (Lila Gold, J.), entered August 3, 2005. The order denied the petition of Lexington Acupuncture PC to vacate the master arbitrator's award.
Order modified by adding thereto a provision confirming the master arbitrator's award; as so modified, affirmed without costs.
PRESENT: PESCE, P.J., WESTON PATTERSON and BELEN, JJ.
Upon a review of the record, we find a rational basis for the determination of the master arbitrator ( see e.g. Matter of Smith [Firemen's Ins. Co.], 55 NY2d 224; Matter of Petrofsky [Allstate Ins. Co.], 54 NY2d 207). 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. and Diagnostic Government Empls. Ins. Co., 306 AD2d 476).
We note that a special proceeding should terminate in a judgment, not an order ( see CPLR 411).
Pesce, P.J., Weston Patterson and Belen, JJ., concur.