Cruz v. First Cardinal Corp., 273 A.D.2d 233 (N.Y. App. Div. 2d Dep't 2000). · Go Syfert
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Cruz v. First Cardinal Corp., 273 A.D.2d 233 (N.Y. App. Div. 2d Dep't 2000). Cases Citing This Book View Copy Cite
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In the Matter of Jair A. Cruz
v.
First Cardinal Corporation
Appellate Division of the Supreme Court of the State of New York.
Jun 5, 2000.
Published opinion
273 A.D.2d 233
2000 N.Y. App. Div. LEXIS 6280
Published

In a proceeding pursuant to Workers’ Compensation Law § 29 (5) to approve the settlement of a third-party action nunc pro tunc, the petitioner appeals from an order of the Supreme Court, Nassau County (Dunne, J.), entered July 9, 1999, which denied the petition and dismissed the proceeding.

Ordered that the order is affirmed, with costs.

The Supreme Court properly concluded that it was without authority to grant the petitioner’s application pursuant to Workers’ Compensation Law § 29 (5) to approve a settlement nunc pro tunc, inasmuch as no third-party action had ever been commenced (see, Kosiorek v University of Rochester, 152 AD2d 927). Santucci, J. P., Thompson, Friedmann and Krausman, JJ., concur.