Opinion
No. CA 09-00035.
December 30, 2009.
Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered January 14, 2008 in an action pursuant to the Federal Employers' Liability Act. The order, insofar as appealed from, denied in part plaintiffs motion to set aside the jury verdict.
DINARDO METSCHL, P.C., WILLIAMSVILLE (DANIEL R. METSCHL OF COUNSEL), FOR PLAINTIFF-APPELLANT.
ANSPACH MEEKS ELLENBERGER LLP, BUFFALO (MICHELLE PARKER OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Present: Smith, J.P., Centra, Fahey, Carni and Pine, 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]).