Matter of Hermance v. Fireman's Fund Ins. Co.

Full title: In the Matter of JOHN D. HERMANCE, appellant. v. FIREMAN'S FUND INSURANCE…

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

Date published: Oct 4, 1999

265 A.D.2d 328 (N.Y. App. Div. 1999)

696 N.Y.S.2d 482

Opinion

Submitted June 16, 1999

October 4, 1999

In a proceeding pursuant to Workers' Compensation Law § 29 Work. Comp.(5) to approve the settlement of an action nunc pro tunc, the petitioner appeals from an order of the Supreme Court, Orange County (Peter C. Patsalos, J.).

ORDERED that the order is affirmed, with costs.

Proceedings pursuant to Workers' Compensation Law § 29 Work. Comp.(5) are directed to the discretion of the court ( see, 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). The Supreme Court did not improvidently exercise its discretion in declining to approve the petitioner's settlement with a third party nunc pro tunc ( see, Matter of Gilson v. National Union Fire Ins. Co., supra; Matter of Wilbur v. Utica Mut. Co., 228 A.D.2d 928).

BRACKEN, J.P., THOMPSON, GOLDSTEIN, McGINITY, and SCHMIDT, JJ., concur.