KANTER PHYSICAL MEDICINE AND REHAB v. GEICO INSURANCE COMPANY (2019)

ORDERED that the order is modified by adding thereto a provision confirming the master arbitrator's award; as so modified, the order is affirmed, without costs.

Petitioner commenced this proceeding pursuant to CPLR article 75 to vacate a master arbitrator's award dated October 16, 2016, which upheld the award of an arbitrator, rendered pursuant to Insurance Law § 5106 (b), denying petitioner's claims to recover assigned first-party no-fault benefits. The Civil Court denied the petition.

Upon a review of the record, we find a rational basis for the determination of the master arbitrator upholding the arbitrator's award (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]). Consequently, the Civil Court 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. & Diagnostic v Government Empls. Ins. Co., 306 AD2d 476 [2003]).

We note that a special proceeding should terminate in a judgment, not an order (see CPLR 411).

Accordingly, the order is modified by adding thereto a provision confirming the master arbitrator's award.

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