Opinion
CA 02-00424
October 1, 2002.
Appeal from an order of Supreme Court, Erie County (Michalek, J.), entered September 19, 2001, which denied plaintiff's motion to set aside the jury verdict and for a new trial.
J. MICHAEL HAYES, BUFFALO, FOR PLAINTIFF-APPELLANT.
BOUVIER, O'CONNOR, LLP, BUFFALO (NORMAN E.S. GREENE OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
PRESENT: GREEN, J.P., WISNER, SCUDDER, BURNS, AND LAWTON, JJ.
ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs ( see Smith v. Catholic Med. Ctr. of Brooklyn Queens, 155 A.D.2d 435; see also CPLR 5501 [a] [1], [2]).