
    Joel M. Morgan, Appellant, v National City Bank et al., Respondents.
    (Appeal No. 1.)
    [821 NYS2d 522]
   Appeal from an order of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered December 20, 2004 in a personal injury action. The order denied plaintiffs motion to set aside the jury verdict.

It is hereby ordered that said appeal be and the same hereby is dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435 [1989]; see also CPLR 5501 [a] [1]).

All concur, Hayes, J., not participating. Present — Gorski, J.P., Martoche, Green, Pine and Hayes, JJ.  