Bennett v. Muniz (50 A.D.3d 1464, 2008)

Appeal from an order of the Supreme Court, Monroe County (William P Polito, J.), entered October 11, 2006 in a personal injury action. The order denied defendant’s motion for recusal and to set aside the jury verdict and for a new trial.

It is hereby ordered that said appeal 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—Hurlbutt, J.P., Smith, Centra, Green and Gorski, JJ.