
    Janice D. Mazurek, Respondent, v Home Depot U.S.A., Inc., Appellant.
    (Appeal No. 2.)
    [755 NYS2d 910]
   —Appeal from an order of Supreme Court, Erie County (Cosgrove, J.), entered April 23, 2002, which denied defendant’s motion to set aside the verdict or, alternatively, for 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., Pine, Hurlbutt and Lawton, JJ.  