Opinion
October 2, 1998
Appeal from Order of Supreme Court, Erie County, Howe, J. — Set Aside Verdict.
Present — Denman, P. J., Pine, Wisner, Balio and Fallon, JJ.
Appeal unanimously dismissed without costs ( see, Smith v. Catholic Med. Ctr., 155 A.D.2d 435; see also, CPLR 5501 [a] [1]).