Vivyan v Ilion Cent. School Dist.
2012 NY Slip Op 02993 [94 AD3d 1431]
April 20, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 23, 2012


Kevin J. Vivyan et al., Appellants, v Ilion Central School District et al., Respondents. (Appeal No. 1.)

—[*1] Douglas G. Roberts, Syracuse, for plaintiffs-appellants.

Roemer Wallens Gold & Mineaux, LLP, Albany (Matthew J. Kelly of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Herkimer County (Michael E. Daley, J.), entered April 29, 2011 in a personal injury action. The order, among other things, denied the motion of plaintiffs to set aside the verdict or 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—Scudder, P.J., Fahey, Lindley and Martoche, JJ.