DECISION ORDER
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 Hargrove v. Becom Real, 287 A.D.2d 598; Matter of Gilson v. National Union Fire Ins. Co., 246 A.D.2d 897; Severino v. Liberty Mut. Ins. Co., 238 A.D.2d 837, 838). The Supreme Court providently exercised its discretion in approving the petitioner's settlement with a third party nunc pro tunc (see DeRosa v. Petrylak, 290 A.D.2d 596).
ALTMAN, J.P., GOLDSTEIN, LUCIANO and H. MILLER, JJ., concur.