Opinion
CA 02-01407
December 30, 2002.
Appeal from an order of Supreme Court, Erie County (Michalek, J.), entered March 7, 2002, which denied the motion of defendants Randon P. Hillock and Susan L. Hillock, doing business as Hidden Oaks Subdivision, to set aside the verdict and for a new trial.
HISCOCK BARCLAY SAPERSTON DAY, BUFFALO (BRUCE S. ZEFTEL OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
WEBSTER SZANYI LLP, BUFFALO (KEVIN A. SZANYI OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., GREEN, PINE, HAYES, AND GORSKI, 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]).