Opinion
CA 04-01526.
February 4, 2005.
Appeal from an order of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered September 8, 2003. The order denied plaintiff's motion to set aside the jury verdict or, in the alternative, grant a new trial in a personal injury action.
Present: Pigott, Jr., P.J., Green, Hurlbutt, Martoche 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], [2]).