Majority
p. 1025Anna Kistenberger, by Laurie Johncox, Her Attorney in Fact, Respondent, v Lutheran Home of the Good Shepherd, Inc., Appellant. (Appeal No. 2.) [635 NYS2d 563]
—Appeal unanimously dismissed without costs (see, Smith v Catholic Med. Ctr., 155 AD2d 435 ; see also, CPLR 5501 [a] [1]). (Appeal from Order of Supreme Court, Wayne County, Sirkin, J.— Set Aside Verdict.) Present—Pine, J. P., Lawton, Wesley, Callahan and Davis, JJ.