
    Richard J. Tonkin, Respondent, v Rick A. Lofthouse, Appellant.
    (Appeal No. 2.)
    [823 NYS2d 742]
   Appeal from an order of the Supreme Court, Oswego County (John J. Elliott, A.J.), dated July 19, 2005 in a breach of contract action. The order denied defendant’s motion to set aside the 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—Hurlbutt, A.PJ., Scudder, Gorski, Centra and Green, JJ.  