Riolo v. Goggin (309 A.D.2d 1199, 2003)

Appeal from an order of Supreme Court, Herkimer County (Kirk, J.), entered July 1, 2002, which denied defendant’s motion to set aside the verdict or, in the alternative, 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., Wisner, Gorski and Lawton, JJ.