Summary
In Ortega et al v Puccia et al, 2008 NY Slip Op 8350, 2008 NY App Div Lexis 8140 [2d Dept October 28, 2008], the court set forth that Labor Law § 240 is intended to protect workers from gravity-related occurrences stemming from the inadequacy or absence of enumerated safety devices.
Summary of this case from Squires v. County of SuffolkOpinion
No. 2005-01728.
October 28, 2008.
Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated December 26, 2007 ( People v Torres, 46 AD3d 925), affirming a judgment of the Supreme Court, Kings County, rendered February 17, 2005.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel), for respondent.
Lynn W. L. Fahey, New York, N.Y. (Joshua M. Levine of counsel), former appellate counsel.
Before: Prudenti, P.J., Spolzino, Fisher and Angiolillo, JJ.
Ordered that the application is denied.
The appellant has failed to establish that he was denied the effective assistance of appellate counsel ( see Jones v Barnes, 463 US 745; People v Stultz, 2 NY3d 277).