Dennis v Massey
2015 NY Slip Op 09738 [134 AD3d 1534]
December 31, 2015
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2016


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 Jerome S. Dennis, Appellant, v Clarke E. Massey et al., Respondents. (Appeal No. 2.)

Gelber & O'Connell, LLC, Amherst (Timothy G. O'Connell of counsel), for plaintiff-appellant.

David J. State, General counsel, Buffalo (Vicky-Marie J. Brunette of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered May 8, 2014. The order denied plaintiff's motion to, inter alia, 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., Smith, Valentino and DeJoseph, JJ.