
    Jerad M. Zarnoch, Appellant, v Robert W. Luckina, Individually and Doing Business as Rob Luckina Construction, Respondent.
    (Appeal No. 1.)
    [48 NYS3d 914]
   Appeal from an order of the Supreme Court, Oneida County (Norman I. Siegel, J.), entered July 23, 2015. The order, among other things, denied the cross motion of plaintiff to dismiss the affirmative defense of special employment.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Zarnoch v Luckina ([appeal No. 2] 148 AD3d 1615 [2017]).

Present — Whalen, P.J., Centra, Peradotto, DeJoseph and Scudder, JJ.  