Order unanimously affirmed without costs.
Memorandum:
Special Term correctly denied petitioner's application for nunc pro tunc approval of an out-of-court settlement. The statute (Workers' Compensation Law § 29 [5]) authorizes a Justice of the court in which a third-party action "was pending" to approve a compromise order. Petitioner's claim that approval can be obtained even though no third-party action has been commenced (see, Scott v Orange...
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