
    Janice Rivenburg, Respondent, v Highland Hospital of Rochester et al., Appellants.
    (Appeal No. 1.)
    [898 NYS2d 916]
   Appeal from an order of the Supreme Court, Monroe County (David Michael Barry, J.), entered April 22, 2009 in a medical malpractice action. The order denied the motion of defendants for judgment notwithstanding the verdict.

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]). Present — Martoche, J.P., Centra, Fahey, Peradotto and Pine, JJ.  