Opinion
2003-04704.
Decided June 7, 2004.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Roberto, J.), dated March 26, 2003, which denied her motion to approve a proposed settlement nunc pro tunc in accordance with Workers' Compensation Law § 29(5) as untimely.
DiJoseph Portegello, LLP, New York, N.Y. (Arnold E. DiJoseph III of counsel), for appellant.
Lorna B. Goodman, County Attorney, Mineola, N.Y. (Barbara Van Riper of counsel), for intervenor-respondent.
Before: DAVID S. RITTER, J.P., NANCY E. SMITH, HOWARD MILLER, GLORIA GOLDSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly denied the plaintiff's motion on the ground that it was untimely. ( see generally Zamfino v. Furman, 1 A.D.3d 591; Matter of Rifenburgh v. James, 297 A.D.2d 901; Matter of Bernthon v. Utica Mut. Ins. Co., 279 A.D.2d 728).
RITTER, J.P., SMITH, H. MILLER and GOLDSTEIN, JJ., concur.