Appeal from a judgment and order (one paper) of the Supreme Court, Cattaraugus County (Michael L. Nenno, A.J.), entered September 29, 2005 in an action pursuant to Labor Law § 740. The judgment and order granted defendant’s motion for summary judgment dismissing the complaint.
It is hereby ordered that the judgment and order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Hurlbutt, J.E, Gorski, Centra and Green, JJ.