| Matter of Global Liberty Ins. Co. v Lenox Hill Radiology & Med. Imaging Assoc., P.C. |
| 2016 NY Slip Op 51792(U) [54 Misc 3d 128(A)] |
| Decided on December 7, 2016 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
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 NY2d 214 [1996]; Matter of Petrofsky [Allstate Ins. Co.], 54 NY2d 207 [1981]; Matter of Shand [Aetna Ins. Co.], 74 AD2d 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.