SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
May 6, 2011
NATIONAL FUEL GAS COMPANY, NATIONAL FUEL GAS CORPORATION, NATIONAL FUEL GAS SUPPLY CORPORATION, NATIONAL FUEL GAS DISTRIBUTION CORPORATION AND NATIONAL FUEL RESOURCES, INC.,
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.
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
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