Opinion
February 2, 1996
Appeal from the Supreme Court, Oneida County, Tenney, J.
Present — Pine, J.P., Wesley, Callahan, Davis and Boehm, JJ.
Order unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed plaintiff's Labor Law § 241 (6) causes of action against defendants Alekna Construction, Inc., Stetson-Harza, Inc., also known as Harza Northeast, Inc., and Joseph A. Giruzzi, Inc., doing business as Joseph A. Giruzzi Son. At the time she was allegedly injured, plaintiff was working as a secretary for the Utica City School District and, therefore, was "not engaged in a protected activity within Labor Law * * * § 241 (6)" (Warsaw v. Eastern Rock Prods., 193 A.D.2d 1115; see, Jock v. Fien, 80 N.Y.2d 965, 967; Mordkofsky v. V.C.V. Dev. Corp., 76 N.Y.2d 573, 576-577; Malczewski v. Cannon Design, 125 A.D.2d 941, 942).