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Kosiorek v. University of Rochester

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1989
152 A.D.2d 927 (N.Y. App. Div. 1989)

Opinion

July 12, 1989

Appeal from the Supreme Court, Monroe County, Siracuse, J.

Present — Dillon, P.J., Callahan, Balio, Lawton and Davis, JJ.


Order unanimously affirmed without costs. Memorandum: Special Term correctly denied petitioner's application for nunc pro tunc approval of an out-of-court settlement. The statute (Workers' Compensation Law § 29) authorizes a Justice of the court in which a third-party action "was pending" to approve a compromise order. Petitioner's claim that approval can be obtained even though no third-party action has been commenced (see, Scott v Orange County Dept. of Health, 89 Misc.2d 853) is contrary to the plain language of the statute, and is not supported by the expressed legislative intent of the amendment authorizing such approval (see, 1966 N.Y. Legis Ann, at 260-261).


Summaries of

Kosiorek v. University of Rochester

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1989
152 A.D.2d 927 (N.Y. App. Div. 1989)
Case details for

Kosiorek v. University of Rochester

Case Details

Full title:DOLORES KOSIOREK, Appellant, v. UNIVERSITY OF ROCHESTER, Defendant, and…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 12, 1989

Citations

152 A.D.2d 927 (N.Y. App. Div. 1989)
543 N.Y.S.2d 833

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