Appellate Division of the Supreme Court of the State of New York November 19, 1997, Appeal No. 2 (Puckett v. County of Erie)

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motion of Donald J. Braasch Construction, Inc. (defendant), for summary judgment dismissing the complaint and cross claims on the ground that Robert A. Puckett (plaintiff) was a special employee of defendant.