| Szymanski v Holenstein |
| 2005 NY Slip Op 00832 [15 AD3d 942] |
| February 4, 2005 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Maryanne Szymanski, as Administratrix of the Estate of Robert D. Szymanski, Deceased, Appellant, v Michael P. Holenstein et al., Respondents. (Appeal No. 2.) |
—[*1]Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered December 19, 2003. The order denied plaintiff's motion seeking to set aside a jury verdict in defendants' favor in a wrongful death action.
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 AD2d 435 [1989]; see also CPLR 5501 [a] [1]). Present—Scudder, J.P., Kehoe, Smith, Pine and Hayes, JJ.