Opinion
2002-10022
Submitted March 6, 2003.
April 7, 2003.
In a proceeding pursuant to Workers' Compensation Law § 29(5) to approve the settlement of an action nunc pro tunc, the appeal is from an order of the Supreme Court, Dutchess County (Dillon, J.), dated September 24, 2002, which granted the petition.
Walsh Hacker, Albany, N.Y. (Glenn D. Chase of counsel), for appellant.
Mainetti, Mainetti O'Connor, P.C., Kingston, N.Y. (Edward C. Bruno of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GLORIA GOLDSTEIN, DANIEL F. LUCIANO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Proceedings pursuant to Workers' Compensation Law § 29(5) are directed to the discretion of the court (see Hargrove v. Becom Real, 287 A.D.2d 598; Matter of Gilson v. National Union Fire Ins. Co., 246 A.D.2d 897; Severino v. Liberty Mut. Ins. Co., 238 A.D.2d 837, 838). The Supreme Court providently exercised its discretion in approving the petitioner's settlement with a third party nunc pro tunc (see DeRosa v. Petrylak, 290 A.D.2d 596).
ALTMAN, J.P., GOLDSTEIN, LUCIANO and H. MILLER, JJ., concur.