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).