Opinion
CA 02-02265
October 2, 2003.
Appeal from an order of Supreme Court, Herkimer County (Kirk, J.), entered July 1, 2002, which denied defendant's motion to set aside the verdict or, in the alternative, a new trial.
SUGARMAN LAW FIRM, LLP, SYRACUSE (TIMOTHY J. PERRY OF COUNSEL), FOR DEFENDANT-APPELLANT.
GEORGE F. ANEY, HERKIMER, HANCOCK ESTABROOK, LLP, SYRACUSE (JANET D. CALLAHAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: GREEN, J.P., WISNER, GORSKI, 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. of Brooklyn Queens, 155 A.D.2d 435; see also CPLR 5501 [a] [1], [2]).