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Anthony Quarcini v. National Fuel Gas Company

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


May 6, 2011

ANTHONY QUARCINI,
PLAINTIFF-RESPONDENT,
v.
NATIONAL FUEL GAS COMPANY, NATIONAL FUEL GAS CORPORATION, NATIONAL FUEL GAS SUPPLY CORPORATION, NATIONAL FUEL GAS DISTRIBUTION CORPORATION AND NATIONAL FUEL RESOURCES, INC.,
DEFENDANTS-APPELLANTS.

Appeal from a decision of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered February 16, 2010 in a personal injury action.

Quarcini v National Fuel Gas Co.

Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 6, 2011

PRESENT: CENTRA, J.P., FAHEY, LINDLEY, GORSKI, AND MARTOCHE, JJ.

The decision found plaintiff to be entitled to summary judgment on liability pursuant to Labor Law § 240 (1).

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum:

In this Labor Law and common-law negligence action, defendants purport to appeal from an order granting plaintiff's motion for partial summary judgment on liability with respect to the Labor Law § 240 (1) claim. The appeal must be dismissed because that order is not included in the record on appeal (see Rodriquez v Chapman-Perry, 63 AD3d 645), and " [n]o appeal lies from a mere decision' " (Pecora v Lawrence, 28 AD3d 1136, 1137; see Harvey v Gaulin [appeal No. 2], 68 AD3d 1789).

Entered: May 6, 2011

Patricia L. Morgan Clerk of the Court

20110506

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