GENTLECARE AMBULATORY ANESTHESIA SERVICES v. GEICO INS CO (2018)

ORDERED that the order is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which denied plaintiff's motion for summary judgment, and granted defendant's cross motion for summary judgment dismissing the complaint on the ground that plaintiff had failed to appear for duly scheduled examinations under oath (EUOs).

Contrary to plaintiff's contention, defendant's proof was sufficient to give rise to a presumption that the EUO scheduling letters and denial of claim form had been properly mailed (see St. Vincent's Hosp. of Richmond v. Government Empls. Ins. Co., 50 AD3d 1123 [2008] ). Contrary to plaintiff's further contention, defendant also established plaintiff's failure to appear for the scheduled EUOs (see e.g. Stephen Fogel Psychological, P.C. v. Progressive Cas. Ins. Co., 35 AD3d 720 [2006]; T & J Chiropractic, P.C. v. State Farm Mut. Auto. Ins. Co., 47 Misc 3d 130[A], 2015 NY Slip Op. 50406[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015] ). Plaintiff's remaining contentions lack merit (see Interboro Ins. Co. v. Clennon, 113 AD3d 596 [2014]; Palafox PT, P.C. v. State Farm Mut. Auto. Ins. Co., 49 Misc 3d 144[A], 2015 NY Slip Op. 51653[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]; T & J Chiropractic, P.C., 47 Misc 3d 130[A], 2015 NY Slip Op. 50406[U] ).

Accordingly, the order is affirmed.

PESCE, P.J., ALIOTTA and ELLIOT, JJ., concur.