Barnhard v. Cybex International, Inc. (89 A.D.3d 1557, 2011)

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 — Scudder, PJ., Garni, Bindley, Sconiers and Green, JJ.