Opinion
No. CA 08-00723.
November 21, 2008.
Appeal from an order of the Supreme Court, Erie County (Paula L. Feroleto, J.), entered July 10, 2007 in a personal injury action. The order denied the motion of plaintiff Patrick Danieu to set aside the jury verdict and for a new trial.
THE CAREY FIRM, LLC, BUFFALO (SHAWN W. CAREY OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.
AUGELLO MATTELIANO, LLP, BUFFALO (JOSEPH A. MATTELIANO OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
Before: Scudder, P.J., Martoche, Centra, Lunn and Gorski, JJ.
It is hereby ordered that said appeal is unanimously dismissed without costs ( see Smith v Catholic Med. Ctr. of Brooklyn Queens, 155 AD2d 435; see also CPLR 5501 [a] [1], [2]).