In Park Radiology, P.C. v. Allstate Insurance Company, 2 Misc. 3d 621(Richmond County 2003), a case involving the claim for first party no-fault benefits, the arbitrator found that the insurer failed to pay or deny the claim within the prescribed thirty day period. Nevertheless, the arbitrator found that the medical provider failed to establish a prima facie case that the tests performed were medically necessary and so denied the claim. In affirming the award, the master arbitrator cited the Petrofsky case as limiting his ability to vacate an award that is neither arbitrary nor capricious. However, the Civil Court vacated the master arbitrator's decision and found for the medical provider, asserting that the arbitrator and master arbitrator misconstrued the law.