Tornatola v Greece Cent. School Dist. (2005 NY Slip Op 09954)

Tornatola v Greece Cent. School Dist.

2005 NY Slip Op 09954 [24 AD3d 1294]

December 22, 2005

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 15, 2006

Frank Tornatola, Jr., Appellant, v Greece Central School District, Respondent.

—[*1]Appeal from an order of the Supreme Court, Monroe County (Robert J. Lunn, J.), entered September 9, 2004. The order, inter alia, granted defendant's cross motion for partial summary judgment dismissing the Labor Law § 240 (1) claim.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated at Supreme Court (see Narducci v Manhasset Bay Assoc., 96 NY2d 259, 267-268 [2001]). Present—Scudder, J.P., Kehoe, Martoche, Smith and Pine, JJ.