Appeal from an order of the Civil Court of the City of New York, Kings County (Katherine A. Levine, J.), entered March 23, 2010. The order, insofar as appealed from as limited by the brief, granted the branches of defendant's motion seeking summary judgment dismissing so much of the complaint as sought to recover for services rendered from February 23, 2005 to May 4, 2005.

ORDERED that the order, insofar as appealed from, is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals, as limited by its brief, from so much of an order of the Civil Court as granted the branches of defendant's motion seeking summary judgment dismissing the complaint insofar as it sought to recover for services rendered from February 23, 2005 to May 4, 2005, finding that defendant had timely denied those claims based upon the workers' compensation fee schedule.

We find plaintiff's argument on appeal—that defendant failed to demonstrate that it had fully paid plaintiff for the acupuncture services at issue in accordance with the workers' compensation fee schedule—to be without merit. Plaintiff's remaining contention is, as plaintiff concedes, based upon material that is dehors the record.

Accordingly, the order, insofar as appealed from, is affirmed. [*2]

Pesce, P.J., Rios and Aliotta, JJ., concur.
Decision Date: August 31, 2012