Opinion
No. CA 07-02273.
June 13, 2008.
Appeal from an order of the Supreme Court, Wayne County (Thomas M. Van Strydonck, J.), entered March 9, 2007 in a medical malpractice action. The order denied plaintiffs' motion to set aside the verdict in part and for a new trial.
FOLEY AND FOLEY, PALMYRA (JAMES F. FOLEY OF COUNSEL), FOR Plaintiffs-APPELLANTS.
HIRSCH TUBIOLO, P.C., ROCHESTER (RICHARD S. TUBIOLO OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
Present: Hurlbutt, J.P., Martoche, Smith, Green 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]).