Home/Appellate Division of the Supreme Court of New York/Kosiorek v. University of Rochester

Kosiorek v. University of Rochester

152 A.D.2d 927, 543 N.Y.S.2d 833, 1989 N.Y. App. Div. LEXIS 9777
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 12, 1989
StatusPublished
Cited by6 cases

This text of 152 A.D.2d 927 (Kosiorek v. University of Rochester) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kosiorek v. University of Rochester, 152 A.D.2d 927, 543 N.Y.S.2d 833, 1989 N.Y. App. Div. LEXIS 9777 (N.Y. Ct. App. 1989).

Opinion

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 the amendment authorizing such approval (see, 1966 NY Legis Ann, at 260-261). (Appeal from order of Supreme Court, Monroe County, Siracuse, J. — approval of settlement.) Present— Dillon, P. J., Callahan, Balio, Lawton and Davis, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

DeRosa v. Aetna Casualty & Surety Co.
186 Misc. 2d 87 (New York Supreme Court, 2000)
Cruz v. First Cardinal Corp.
273 A.D.2d 233 (Appellate Division of the Supreme Court of New York, 2000)
Gregory v. Aetna Insurance
231 A.D.2d 906 (Appellate Division of the Supreme Court of New York, 1996)
Dauenhauer v. Continental Casualty Insurance
217 A.D.2d 943 (Appellate Division of the Supreme Court of New York, 1995)
Joslyn v. State Insurance Fund
156 Misc. 2d 796 (New York Supreme Court, 1992)
Beck v. Travelers Insurance Companies
155 A.D.2d 870 (Appellate Division of the Supreme Court of New York, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
152 A.D.2d 927, 543 N.Y.S.2d 833, 1989 N.Y. App. Div. LEXIS 9777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kosiorek-v-university-of-rochester-nyappdiv-1989.