Opinion
Submitted January 18, 2001
February 20, 2001.
In an action to recover damages for personal injuries, etc., the defendant Harvest Plumbing Heating, Inc., appeals from an order of the Supreme Court, Putnam County (Hickman, J.), dated February 22, 2000, which, upon a decision of the same court (Sklaver, J.H.O.), made after a hearing, determined that the defendant Vincent Macina was acting within the scope of his employment at the time of the accident.
Gary A. Cusano, Tarrytown, N.Y. (Edwin B. Winder of counsel), for appellant.
Gregory W. Bagen, Brewster, N.Y., for respondents.
Before: BRACKEN, ACTING P.J., GOLDSTEIN, H. MILLER and FEUERSTEIN, JJ., concur.
DECISION ORDER
ORDERED that the appeal is dismissed, with costs payable by the appellant.
The appeal from the order determining that the defendant Vincent Macina was acting within the scope of his employment at the time of the accident must be dismissed, as findings of fact and conclusions of law are not independently appealable (see, Napolitano v. Kaddoch, 275 A.D.2d 445; Naar v. Litwak Co., 260 A.D.2d 613; Benedetto v. O`Grady, 10 A.D.2d 628).