Appeal from a decision of the Civil Court of the City of New York, Queens County (Lee A. Mayersohn, J.), dated December 20, 2006, deemed from a judgment of the same court entered March 1, 2007 (see CPLR 5520 [c]). The judgment, after a nonjury trial upon stipulated facts, dismissed plaintiff's complaint.

Judgment affirmed without costs.

In this action by a provider against defendant Motor Vehicle Accident Indemnification Corporation (sued herein as MVAIC) to recover assigned first-party no-fault benefits, the sole issue raised in the court below was whether the 45-day time limit within which claims are required to be submitted to an insurer (see Insurance Department Regulations [11 NYCRR] § 65-1.1) was applicable to claims submitted to MVAIC. The court concluded that the 45-day time limit was applicable and, as a result, judgment was ultimately entered dismissing plaintiff's complaint on the ground that the claims were untimely. This appeal by plaintiff ensued.

In Nir v MVAIC (17 Misc 3d 134[A], 2007 NY Slip Op 52124[U] [App Term, 2d & 11th Jud Dists 2007]), this court held that a provider seeking to recover assigned first-party no-fault benefits is required to submit such a claim to MVAIC within 45 days of the date on which the services were rendered and that a failure to do so could be excused if the provider set forth a "reasonable justification" for the delay (see Insurance Department Regulations [11 NYCRR] § 65-3.3 [e]; NY Arthroscopy & Sports Medicine PLLC v Motor Veh. Acc. Indem. Corp., 15 Misc 3d 89 [App Term, 1st Dept 2007]). In light of the foregoing, the judgment is affirmed.

Pesce, P.J., Rios and Steinhardt, JJ., concur. [*2]
Decision Date: September 10, 2008