Order affirmed, without costs, in the following memorandum: We affirm on the opinion of Mr. Justice J. IRWIN SHAPIRO at the Appellate Division, noting that, while the Legislature has since amended the statute (Workmen's Compensation Law, § 29, subd 1, as amd by L 1975, ch 190, § 1), its effective date (June 10, 1975) did not precede either the settlement of the third-party action or the court's order fixing payment of the lien (cf. Codling v Paglia, 32 N.Y.2d 330, 344).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.