
    Kelly M. Deans, Respondent, v David J. Pittman, Appellant.
    (Appeal No. 2.)
    [788 NYS2d 903]
   Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered on June 25, 2004 in a personal injury action. The order denied defendant’s motion to set aside the jury verdict.

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]). Present — Scudder, J.P, Kehoe, Smith, Pine and Hayes, JJ.  