Faulkner v Darien Lake Theme Park & Camping Resort
2004 NY Slip Op 03274 [6 AD3d 1098]
April 30, 2004
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 30, 2004


Karen Faulkner, Individually and as Parent and Natural Guardian of Katelynn Faulkner, an Infant, Appellant-Respondent, v Darien Lake Theme Park and Camping Resort, Inc., Respondent-Appellant. (Appeal No. 2.)

[*1]Appeal and cross appeal from an order of the Supreme Court, Genesee County (Robert C. Noonan, A.J.), entered February 5, 2003. The order denied plaintiff's motion and defendant's cross motion for posttrial relief.

It is hereby ordered that said appeal and cross appeal be and the same hereby are unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435 [1989]; see also CPLR 5501 [a] [1], [2]). Present—Pigott, Jr., P.J., Pine, Wisner, Scudder and Lawton, JJ.