Opinion
CA 03-02392.
Decided April 30, 2004.
Appeal and cross appeal from an order of the Supreme Court, Genesee County (Robert C. Noonan, A.J.), entered February 5, 2003. The order denied plaintiff's motion and defendant's cross motion for posttrial relief.
BROWN CHIARI, LLP, LANCASTER (SAMUEL J. CAPIZZI OF COUNSEL), FOR PLAINTIFF-APPELLANT-RESPONDENT.
KAVINOKY COOK, LLP, BUFFALO (MARILYN A. HOCHFIELD OF COUNSEL), FOR DEFENDANT-RESPONDENT-APPELLANT.
Before: PRESENT: PIGOTT, JR., P.J., PINE, WISNER, SCUDDER, AND LAWTON, JJ.
ORDER
It is hereby ORDERED that said appeal and cross appeal be and the same hereby are 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]).