Mazurek v. Home Depot U.S.A., Inc. (303 A.D.2d 962, 2003)

—Appeal from an order of Supreme Court, Erie County (Cosgrove, J.), entered April 23, 2002, which denied defendant’s motion to set aside the verdict or, alternatively, for a new trial.

It is hereby ordered that said appeal be and the same hereby 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 — Green, J.P., Pine, Hurlbutt and Lawton, JJ.