
    William J. Riolo, Jr., Respondent, v John Goggin, Appellant.
    (Appeal No. 1.)
    [765 NYS2d 300]
   Appeal from an order of Supreme Court, Herkimer County (Kirk, J.), entered July 1, 2002, which denied defendant’s motion to set aside the verdict or, in the alternative, a new trial.

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 — Green, J.P., Wisner, Gorski and Lawton, JJ.  