Opinion
February 16, 2000
Appeal from Order of Supreme Court, Erie County, Whelan, J. — Set Aside Verdict.
PRESENT: GREEN, A. P. J., HAYES, PIGOTT, JR., AND SCUDDER, JJ.
Appeal unanimously dismissed without costs ( see, Smith v. Catholic Med. Ctr., 155 A.D.2d 435; see also, CPLR 5501 [a] [1]).