QUARCINI, ANTHONY v. NATIONAL FUEL GAS COMPANY

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department [544] CA 10-02343 PRESENT: CENTRA, J.P., FAHEY, LINDLEY, GORSKI, AND MARTOCHE, JJ. ANTHONY QUARCINI, PLAINTIFF-RESPONDENT, V MEMORANDUM AND ORDER 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. GOLDBERG SEGALLA, LLP, BUFFALO (MARIANNE ARCIERI OF COUNSEL), FOR DEFENDANTS-APPELLANTS. BROWN CHIARI LLP, LANCASTER (SAMUEL J. CAPIZZI OF COUNSEL), FOR PLAINTIFF-RESPONDENT. 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. 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