Opinion
No. CA 09-00893.
June 11, 2010.
Appeal from an order of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered March 5, 2009 in a medical malpractice action. The order denied the motion of plaintiff to set aside the jury verdict and for a new trial.
HOGAN WILLIG, AMHERST (JENNIFER L. FAY OF COUNSEL), FOR PLAINTIFF-APPELLANT.
ROACH, BROWN, McCARTHY GRUBER, P.C., BUFFALO (GREGORY T. MILLER OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Present — Centra, J.P., Carni, Lindley, Green 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]).