IN RE: John D. HERMANCE (1999)

Supreme Court, Appellate Division, Second Department, New York.

IN RE: John D. HERMANCE, appellant, v. FIREMAN'S FUND INSURANCE COMPANY, respondent.

Decided: October 04, 1999

LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, LEO F. McGINITY and ROBERT W. SCHMIDT, JJ.

John S. McBride, Goshen, N.Y. (Edward W. McBride, Jr., of counsel), for appellant.

In a proceeding pursuant to Workers' Compensation Law § 29(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.), dated September 28, 1998, which denied the petition and dismissed the proceeding.

ORDERED that the order is affirmed, with costs.

Proceedings pursuant to Workers' Compensation Law § 29(5) are directed to the discretion of the court (see, Matter of Gilson v. National Union Fire Ins. Co., 246 A.D.2d 897, 668 N.Y.S.2d 287; Severino v. Liberty Mut. Ins. Co., 238 A.D.2d 837, 657 N.Y.S.2d 114). 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, 644 N.Y.S.2d 435).

MEMORANDUM BY THE COURT.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law