Opinion
CA 04-02024.
February 4, 2005.
Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered December 19, 2003. The order denied plaintiff's motion seeking to set aside a jury verdict in defendants' favor in a wrongful death action.
Present: Scudder, J.P., Kehoe, Smith, Pine and Hayes, JJ.
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 AD2d 435; see also CPLR 5501 [a] [1]).