Opinion
CA 03-00100
July 3, 2003.
Appeal from an order of Supreme Court, Erie County (Kloch, Sr., J.), entered April 22, 2002, which denied defendant's motion to set aside a jury verdict.
FREDERICK A. WOLF, COUNTY ATTORNEY, BUFFALO (RUTHANNE WANNOP OF COUNSEL), FOR DEFENDANT-APPELLANT.
CELLINO BARNES, P.C., BUFFALO (GERALD W. SCHAFFER, JR., OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., PINE, HURLBUTT, BURNS, 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., 155 A.D.2d 435; see also CPLR 5501 [a] [1]).