Paul v. Ryan Homes, Inc. (5 A.D.3d 989, 2004)

Appeals from an order of the Supreme Court, Erie County (Peter J. Notaro, J.), entered March 19, 2003. The order denied defendant’s motion and third-party defendant’s cross motion for summary judgment and granted plaintiffs cross motion for partial summary judgment on liability on the Labor Law § 240 (1) cause of action.

It is hereby ordered that said appeals be and the same hereby are unanimously dismissed without costs (see Matter of Eric D. [appeal No. 1], 162 AD2d 1051 [1990]). Present—Pigott, Jr., P.J., Green, Hurlbutt, Gorski and Lawton, JJ.