Opinion
570628/09.
Decided December 18, 2009.
Respondent Countrywide Insurance Company appeals from an order of the Civil Court of the City of New York, New York County (Eileen A. Rakower, J.), dated April 27, 2006, which granted the petition to vacate an arbitration award and awarded petitioner Preferred Medical Imaging, P.C. unpaid no-fault benefits in the principal sum of $912.
Order (Eileen A. Rakower, J.), dated April 27, 2006, affirmed, without costs.
PRESENT: McKeon, P.J., Heitler, Hunter, JJ.
Civil Court properly vacated the arbitration award issued in an arbitration proceeding commenced by the provider, Preferred Medical Imaging, P.C., to recover first-party no-fault benefits, since the court correctly concluded that the award was not "supported by a reasonable hypothesis and was . . . contrary to what could be fairly described as settled law" ( Matter of State Farm Mut. Auto. Ins. Co. v Lumbermens Mut. Cas. Co. , 18 AD3d 762 , 763, citing Matter of Motor Veh. Acc. Indem. Corp. v Aetna Cas. Sur. Co., 89 NY2d 214, 224). The arbitrator's conclusion, which was sustained by the master arbitrator, that the provider was required to establish the medical necessity of the services rendered was contrary to settled law ( see e.g. Mary Immaculate Hosp v Allstate Ins. Co. , 5 AD3d 742 ; see also Metro. Radiological Imaging, P.C. v Country-Wide Ins. Co. , 19 Misc 3d 130[A] [2008]).Respondent-appellant Countrywide Insurance Company's remaining contentions are without merit.
We note respondent-appellant's three and a half year delay in perfecting this appeal.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.