MATTER OF HERMANCE v. FIREMAN'S FUND INS. CO

ORDERED that the order is affirmed, with costs.

Proceedings pursuant to Workers' Compensation Law § 29 Work. Comp.(5) are directed to the discretion of the court ( see, 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). 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).

BRACKEN, J.P., THOMPSON, GOLDSTEIN, McGINITY, and SCHMIDT, JJ., concur.