FIORENTI v. CENTRAL EMERGENCY PHYSICIANS, PLLC

Ordered that the appeal by the defendant Theodore F. Packy is dismissed, as he is not aggrieved by the portion of the order appealed from; and it is further,

Ordered that the order is affirmed insofar as appealed from by the defendant Central Emergency Physicians, PLLC, with costs.

The appellant Central Emergency Physicians, PLLC (hereinafter the appellant), waived appellate review of the issue of its liability under the Labor Law, since it could have raised the issue on a prior appeal ( see Fiorenti v. Central Emergency Physicians, 305 AD2d 453), but elected not to ( see EIFS, Inc. v Morie Co., 298 AD2d 551; Duffy v. Holt-Harris, 260 AD2d 595; Matter of Gerzof v. Coons, 177 AD2d 487).

The appellant's remaining contentions are without merit.