GALDEMIS v. BROOK

ORDERED that the cross appeal is dismissed as abandoned; and it is further,

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court properly refused to entertain the appellants' motions for summary judgment and properly referred the matter to the Workers' Compensation Board for a determination of whether the injured plaintiff had a valid claim for damages or whether he was relegated to benefits under the Workers' Compensation Law (see, Botwinick v. Ogden, 59 N.Y.2d 909; Manetta v. Town of Hempstead Day Care Ctr., 248 A.D.2d 517; Cronin v. Perry, 244 A.D.2d 448; Becker v. Clarkstown Cent. School Dist., 157 A.D.2d 641).

In light of our determination, we do not reach the parties' remaining contentions.