Beeley v. Spencer (309 A.D.2d 1302, 2003)

Appeals and cross appeal from an order of Supreme Court, Erie County (O’Donnell, J.), entered May 9, 2002, which, inter alia, denied the motion of defendant Volney R. Spencer for a bifurcated trial with respect to action Nos. 1, 2 and 3.

It is hereby ordered that said appeals and cross appeal be and the same hereby are unanimously dismissed without costs.

Same memorandum as in Beeley v Spencer ([appeal No. 5] 309 AD2d 1303 [2003]). Present — Pigott, Jr., P.J., Green, Pine, Scudder and Hayes, JJ.