Bennett v Muniz
2008 NY Slip Op 03733 [50 AD3d 1464]
April 25, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 18, 2008


Michael D. Bennett, Respondent, v Laura Muniz, Individually and as Parent and Natural Guardian of Rachel A. Muniz, an Infant, Appellant. (Appeal No. 1.)

—[*1] Bouvier Partnership, LLP, Buffalo (Norman E.S. Greene of counsel), for defendant-appellant.

Cellino & Barnes, P.C., Rochester (Charles F. Burkwit of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Monroe County (William P. Polito, J.), entered October 11, 2006 in a personal injury action. The order denied defendant's motion for recusal and to set aside the jury verdict and for a new trial.

It is hereby ordered that said appeal 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—Hurlbutt, J.P., Smith, Centra, Green and Gorski, JJ.