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IN THE MATTER OF PRADIP DAS/N.Y. MEDICAL REHAB P.C., etc., respondent, v. ALLSTATE INSURANCE COMPANY, appellant.

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.

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IN RE OF PRADIP DAS/N.Y. MEDICAL v. ALLSTATE
(Aug 12, 2002)