November 15, 2002.
Appeal from that part of an order of Supreme Court, Erie County (Howe, J.), entered November 16, 2001, that denied defendant's motion to set aside the verdict.
HAGELIN BISCHOF, LLC, BUFFALO (DENNIS J. BISCHOF OF COUNSEL), FOR DEFENDANT-APPELLANT.
LEWIS LEWIS, P.C., BUFFALO (LEO J. FALLON OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., PINE, WISNER, SCUDDER, AND KEHOE, JJ.
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] ).