Gregory v. Aetna Insurance

Order unanimously reversed on the law with costs and petition granted. Memorandum: Supreme Court erred in denying the petition, which sought an order approving, nunc pro tunc, a third-party settlement pursuant to Workers’ Compensation Law § 29 (5). Contrary to respondent’s contention, the court had jurisdiction to grant the petition (see, Matter of Dauenhauer v Continental Cas. Ins. Co., 217 AD2d 943; cf, Kosiorek v University of Rochester, 152 AD2d 927). We further conclude that the petition should have been granted because the settlement was reasonable and not prejudicial to respondent, the…