Opinion
November 6, 1967
Order of the Supreme Court, Suffolk County, dated June 1, 1967, reversed, on the law, without costs, and plaintiff's motion, pursuant to subdivision 5 of section 29 Work. Comp. of the Workmen's Compensation Law to dispense with appellants' approval of a compromise of this action, is remitted to Special Term for a hearing and a determination by Mr. Justice Arthur M. Cromarty, in accordance with the views set forth below. In our opinion, the order appealed from, made by one Justice of the Supreme Court, after oral argument before and submission to another Justice of that court, contravenes the provisions of section 21 Jud. of the Judiciary Law ( Clover-East Associates v. Bachler, 23 A.D.2d 620). A full hearing should have been held, at which the parties could have presented their proofs (Workmen's Compensation Law, § 29, subd. 5). We have dealt with the procedural questions only and do not pass upon the merits of the motion. Beldock, P.J., Christ, Brennan, Hopkins and Munder, JJ., concur.