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GENE SCIORA, Appellant, v. NEW YORK STATE DEPARTMENT OF TRANSPORTATION, Respondent.

Ordered that the order is affirmed insofar as appealed from, with costs.

The cause of action based upon Labor Law § 240 (1) was properly dismissed because the plaintiff was working on a highway, and not a "building" or "structure" within the meaning of this statute ( see, Matter of Dillon v. State of New York, 201 A.D.2d 793; Matter of Dillon v. State of New York, 167 A.D.2d 574; Siragusa v State of New York, 117 A.D.2d 986; see also, Matter of Manente v Ropost, Inc., 136 A.D.2d 681).

In light of the foregoing, we do not reach the parties' remaining contentions. O'Brien, J.P., Ritter, Hart and Goldstein, JJ., concur.

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SCIORA v. NEW YORK STATE DEPT. OF TRANSP
(Apr 22, 1996)