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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], [2]). (Appeal from Order of Supreme Court, Erie County, LaMendola, J.— Set Aside Verdict.)

Present — Denman, P. J., Pine, Hayes, Balio and Boehm, JJ.