Opinion
February 7, 1994
Appeal from the Supreme Court, Nassau County (O'Brien, J.).
Ordered that the order is affirmed, with one bill of costs.
Given the indicia of control and supervision over the plaintiff by the defendant MIA Associates, Inc., the Supreme Court properly found as a matter of law that the plaintiff was a special employee of MIA Associates, Inc. (see, Thompson v. Grumman Aerospace Corp., 78 N.Y.2d 553; Abuso v. Mack Trucks, 174 A.D.2d 590; Richiusa v. Kahn Lbr. Millwork Co., 148 A.D.2d 690). Having received workers' compensation benefits from his general employer, the plaintiff is barred from bringing this action by the Workers' Compensation Law (see, Thompson v. Grumman Aerospace Corp., supra; Abuso v. Mack Trucks, supra; Richiusa v. Kahn Lbr. Millwork Co., supra). Bracken, J.P., Miller, Copertino, Santucci and Altman, JJ., concur.