
    Thomas J. Smolinski, Respondent, v Matthew A. Smolinski, Defendant, and Ford Motor Credit Company, Appellant.
    [908 NYS2d 381]
   Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered February 8, 2010 in a personal injury action. The order settled the record for an appeal from an order and judgment entered October 1, 2008.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Centra, J.P., Peradotto, Lindley, Sconiers and Gorski, JJ.  