Pradip Das/N.Y. Medical Rehab P.C. v. Allstate Insurance

Full title: IN THE MATTER OF PRADIP DAS/N.Y. MEDICAL REHAB P.C., etc., respondent, v…

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

Date published: Aug 12, 2002

297 A.D.2d 321 (N.Y. App. Div. 2002)

746 N.Y.S.2d 262

Opinion

2001-08897

Submitted June 14, 2002

August 12, 2002

In a proceeding pursuant to CPLR article 75 to vacate the award of a master arbitrator, dated February 24, 2001, which affirmed an award of an arbitrator, dated October 13, 2000, denying his claim for unpaid no-fault benefits in the sum of $1,636, the appeal is from a judgment of the Supreme Court, Richmond County (Maltese, J.), dated August 20, 2001, which granted the petition and awarded the petitioner unpaid no-fault benefits in the principal sum of $1,636.

Marshall Marshall, Jericho, N.Y. (Helene Listwa of counsel), for appellant.

Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, ROBERT W. SCHMIDT, STEPHEN G. CRANE, JJ.

ORDERED that the judgment is affirmed, without costs or disbursements.

In cases of compulsory arbitration, due process considerations require the courts to exercise a broader scope of review than in cases of consensual arbitration (see Mount St. Mary's Hosp. of Niagara Falls v. Catherwood, 26 N.Y.2d 493; Matter of Nyack Hosp. v. Government Employees Ins. Co., 139 A.D.2d 515). CPLR 7511(b)(1)(iii), in authorizing review of whether an arbitrator has exceeded his or her power, includes review, in cases of compulsory arbitration, of whether the award is supported by evidence or other basis in reason appearing in the record (see Mount St. Mary's Hosp. of Niagara Falls v. Catherwood, supra; Matter of Petrofsky [Allstate Ins. Co.], 54 N.Y.2d 207, 211]). Contrary to the appellant's contention, the Supreme Court properly vacated the determination of the master arbitrator which denied the petitioner payment for overdue no-fault benefits because it did not have a rational basis (see Matter of Nyack Hosp. v. Government Employees Ins. Co., supra; see also Central Gen. Hosp. v. Chubb Group of Ins. Cos., 90 N.Y.2d 195; New York Presbyt. Hosp. v. Empire Ins. Co., 286 A.D.2d 322; Bonetti v. Integon Natl. Ins. Co., 269 A.D.2d 413; Vinings Spinal Diagnostic v. Liberty Mut. Ins. Co., 186 Misc.2d 287).

ALTMAN, J.P., KRAUSMAN, SCHMIDT and CRANE, JJ., concur.