Chilberg v Chilberg
2004 NY Slip Op 09807 [13 AD3d 1093]
December 30, 2004
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 23, 2005


Amber N. Chilberg, Respondent-Appellant, v Mark A. Chilberg et al., Appellants-Respondents. (Appeal No. 2.)

[*1]Appeals and cross appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered August 6, 2003. The order, among other things, granted defendants' motions in part and set aside the jury verdict for future medical expenses.

It is hereby ordered that said appeals 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]; Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]; Chase Manhattan Bank v Roberts & Roberts, 63 AD2d 566, 567 [1978]; see also CPLR 5501 [a] [1]). Present—Hurlbutt, J.P., Scudder, Kehoe, Gorski and Martoche, JJ.