Opinion
CA 03-01368.
December 31, 2003.
Appeal from that part of an order of Supreme Court, Onondaga County (Centra, J.), entered September 10, 2002, that denied defendant's cross motion to set aside the verdict.
SUGARMAN LAW FIRM, LLP, SYRACUSE (TIMOTHY J. PERRY OF COUNSEL), FOR DEFENDANT-APPELLANT.
DEL DUCHETTO POTTER, SYRACUSE (THOMAS J. POTTER OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: PINE, J.P., WISNER, SCUDDER, GORSKI, AND LAWTON, 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]).