*1 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