McCoy v. Metropolitan Transportation Authority
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Harold B. Beeler, J.), entered on or about September 22, 2009, which, after a framed-issue hearing, held that the subject piece of equipment *429that injured plaintiff Charles McCoy was a mobile crane within the meaning of Industrial Code (12 NYCRR) § 23-8.2, unanimously affirmed, without costs. Appeal from order, same court (Michael D. Stallman, J.), entered January 22, 2010, which denied defendants’ motion, pursuant to CPLR 2221 (a), to vacate or modify the September 22, 2009 order, unanimously dismissed, without costs, as taken from a nonappealable paper.
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