Sneddon v CSX Transp.
2007 NY Slip Op 10207 [46 AD3d 1347]
December 21, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 13, 2008


Sandra A. Sneddon, as Administratrix of the Estate of John Sneddon, Deceased, Appellant,
v
CSX Transportation, Respondent. (Appeal No. 2.)

—[*1] DiNardo & Metschl, P.C., Williamsville (Emil R. DiNardo of counsel), for plaintiff-appellant.

McNamee, Lochner, Titus & Williams, P.C., Albany (Scott A. Barbour of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered December 5, 2006 in a wrongful death action. The order, insofar as appealed from, denied plaintiff'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], [2]). Present—Scudder, P.J., Gorski, Centra, Fahey and Green, JJ.