Howell v Cecilia
2007 NY Slip Op 08669 [45 AD3d 1407]
November 9, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 16, 2008


Melissa J. Howell et al., Respondents, v Anthony Cecilia, Appellant. (Appeal No. 2.)

—[*1] Albert A. Alteri, Utica (George E. Curtis of counsel), for defendant-appellant.

Felt Evans, LLP, Clinton (Anthony G. Hallak of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Oneida County (Norman I. Siegel, A.J.), entered April 24, 2006. The order denied defendant's motion to set aside the jury verdict.

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—Gorski, J.P., Martoche, Smith, Peradotto and Green, JJ.