
    Ellis Clark Wellman, Jr., Respondent, v Ronald V. Ajello, Appellant, et al., Defendant.
    (Appeal No. 1.)
    [893 NYS2d 910]
   —Appeal from an order of the Supreme Court, Oneida County (John W. Grow, J.), entered January 7, 2009 in an action pursuant to RPAPL article 15. The order, among other things, denied the motion of defendant Ronald V Ajello for a directed 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—Smith, J.P., Peradotto, Lindley, Green and Gorski, JJ.  