Opinion
October 1, 1999
Appeal from Order of Supreme Court, Onondaga County, Nicholson, J. — Settlement.
Order unanimously affirmed with costs.
Memorandum:
Supreme Court properly exercised its discretion in approving settlement of the third-party action. Although plaintiff failed to obtain the consent of defendant Peerless Insurance Company (Peerless) prior to settling the third-party action, he timely made a motion for a compromise order pursuant to Workers' Compensation Law § 29 (5). Plaintiff established that the third-party action was settled for the limit of the liability policy (see, Borrowman v. Insurance Co. of N. Am., 198 A.D.2d 891) and that there was little likelihood of collecting anything in excess of the insurance proceeds from the 24-year-old driver of the other vehicle involved in the accident. We conclude that Peerless was not prejudiced by the delay in seeking judicial approval (see, Borrowman v. Insurance Co. of N. Am., supra) and that plaintiff's papers satisfactorily complied with the statutory requirements (see, Merrill v. Moultrie, 166 A.D.2d 392, lv denied 77 N.Y.2d 804).
PRESENT: GREEN, J. P., PINE, WISNER, CALLAHAN AND BALIO, JJ.