The following numbered papers were read on this petition: Petition (NYSCEF Doc No. 1) Notice of Petition (NYSCEF Doc No. 2) Exhibit A — Arbitration Award (NYSCEF Doc No. 3) Exhibit B — Master Arbitration Award (NYSCEF Doc No. 4) Exhibit C — Respondent NextStep Healing, Inc.’s Arbitration Request Form and Arbitration Submission (NYSCEF Doc No. 5) Exhibit D — Petitioner American Transit Insurance Company’s Arbitration Submission and Master Arbitration Brief (NYSCEF Doc No. 6) Statement of Authorization for Electronic Filing (NYSCEF Doc No. 7) Request for Judicial Intervention (NYSCEF Doc No. 8) Affidavit of Service (NYSCEF Doc No. 9) Statement of Authorization for Electronic Filing (NYSCEF Doc No. 10) Affidavit of Service (NYSCEF Doc No. 11) DECISION, ORDER and JUDGMENT Issue Presented In an Article 75 proceeding commenced by an insurance company to vacate the awards of a No-Fault insurance hearing arbitrator and a master arbitrator in favor of a health service provider, does the insurance company make out a prima facie case of entitlement to vacatur where the bases for relief were not presented to either the hearing arbitrator or the master arbitrator? Background This is a special proceeding — pursuant to CPLR Article 75 — commenced by American Transit Insurance Company (“ATIC”) seeking an order and judgment vacating a No-Fault insurance master arbitration award of Steven Rickman, Esq. (dated October 30, 2022), which affirmed the arbitration award of Teresa Girolamo, Esq. (dated July 12, 2022) granting Respondent NextStep Healing, Inc.’s (“NextStep”) claim for $4,124.54 in No-Fault insurance compensation for the rental to Assignor Yulee Velez1 of medical supplies from September 2, 2020 to September 28, 2020.2,3 Assignor had allegedly been injured in a February 23, 2020 motor vehicle accident. The medical supplies were prescribed by Dr. Andrew Miller following his left knee arthroscopic surgery performed on Assignor on August 28, 2020. The arbitration was organized by the American Arbitration Association (“AAA”), which has been designated by the New York State Department of Financial Services to coordinate the mandatory arbitration provisions of Insurance Law §5106 [b], which provides: Every insurer shall provide a claimant with the option of submitting any dispute involving the insurer’s liability to pay first party ["No-Fault insurance"] benefits, or additional first party benefits, the amount thereof or any other matter which may arise pursuant to subsection (a) of this section to arbitration pursuant to simplified procedures to be promulgated or approved by the superintendent. The master arbitration was assigned Case No. 99-21-1190-97294 by the AAA (NYSCEF Doc No. 4, Master Arbitration Award). At oral argument before this Court on May 12, 2023, Petitioner ATIC appeared and argued that the above-referenced arbitration awards should be vacated. Respondent NextStep has neither submitted opposition nor appeared in this special proceeding. ATIC’s Petition to Vacate ATIC’s petition to vacate asserted that “The arbitration decision was arbitrary and capricious, irrational and without a plausible basis” (NYSCEF Doc No. 1, petition, 35), in that “Arbitrator Teresa Girolamo, Esq. failed to follow well settled law” (id. 41). “As a result, Petitioner’s rights were prejudiced by the partiality of the arbitrator and the arbitrator exceeded his/her power and failed to make a final and definite award and the decision must be vacated” (id. 68). As a predicate to its contentions in the petition that that both arbitration awards should be vacated, ATIC asserted that the claims totaling $4,124.54 were denied by it because the services were not medically necessary as per the peer review of Dr. Douglas Petroski, a medical expert (id.
