
    Michael D. Bennett, Respondent, v Laura Muniz, Individually and as Parent and Natural Guardian of Rachel A. Muniz, an Infant, Appellant.
    (Appeal No. 1.)
    [855 NYS2d 386]
   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.  