Campopiano v Volcko
2009 NY Slip Op 03223 [61 AD3d 1343]
April 24, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 10, 2009


Laura L. Campopiano et al., Respondents, v Paul J. Volcko, 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 plaintiffs-respondents.

Appeal from an order of the Supreme Court, Monroe County (William P. Polito, J.), entered September 18, 2007 in a personal injury action. The order, among other things, granted in part plaintiffs' motion to set aside the jury verdict.

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—Centra, J.P., Peradotto, Carni, Green and Pine, JJ.