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Full opinion text

Appeal unanimously dismissed without costs (see, Smith v Catholic Med. Ctr., 155 AD2d 435; see also, CPLR 5501 [a] [1]). (Appeal from Order of Supreme Court, Erie County, Kane, J.— Set Aside Verdict.)

Present — Pine, J. P., Lawton, Wisner, Callahan and Boehm, JJ.