Kosiorek v. University of Rochester

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 [5]) 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 Mise 2d 853) is contrary to the plain language of the statute, and is not supported by the expressed legislative intent of…