Stearns v O'Brien
2012 NY Slip Op 03320 [94 AD3d 1535]
April 27, 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


Adam R. Stearns et al., Appellants, v Irene O'Brien, Respondent. (Appeal No. 1.)

—[*1] Charles A. Hall, Rochester, for plaintiffs-appellants.

Law Office of Keith D. Miller, Liverpool (Keith D. Miller of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Ontario County (Craig J. Doran, A.J.), entered January 21, 2011 in a personal injury action. The order denied the motion of plaintiffs to set aside the 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—Scudder, P.J., Fahey, Lindley and Martoche, JJ.