KERR v. JOHN B. PIKE SON, INC

Order unanimously affirmed, without costs. Memorandum: Summary judgment was properly granted to defendant. The identity of plaintiff Renford Kerr's employer was an issue of fact determined by the Workers' Compensation Board by notice of decision designating the partnership as his employer, and plaintiff's recourse is to seek administrative review of the Board's determination (see, O'Rourke v. Long, 41 N.Y.2d 219). Alternatively, plaintiff Renford Kerr has accepted workers' compensation benefits, awarded to him after a hearing, and plaintiffs cannot collaterally attack that award in an action at law (see, Smith v. State of New York, 91 A.D.2d 1181, affd 59 N.Y.2d 718).