
    Timothy M. Doyle, Respondent, v Niagara Mohawk Power Corporation, Appellant.
    [768 NYS2d 865]
   — Appeal from an order of Supreme Court, Erie County (NeMoyer, J.), entered December 23, 2002, which granted plaintiffs motion for partial summary judgment on liability on the Labor Law § 240 (1) cause of action.

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, Erie County, NeMoyer, J. Present—Pine, J.P., Wisner, Scudder, Gorski and Lawton, JJ.  