
    Michael Nolan, Appellant, v Carl W. Moeller, Jr., Respondent.
    (Appeal No. 1.)
    [832 NYS2d 860]
   Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered July 1, 2005 in a personal injury action. The order, among other things, denied plaintiffs motion to set aside a 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], [2]). Present—Martoche, J.E, Smith, Centra, Lunn and Peradotto, JJ.  