Majority
p. 919Irene F. Wroblewski, Individually and as Administratrix of the Estate of Thaddeus J. Wroblewski, Deceased, Appellant, v National Fuel Gas Distribution Corporation, Respondent. (Appeal No. 2.) [668 NYS2d 535]
Appeal unanimously dismissed without costs (see, Smith v Catholic Med. Ctr., 155 AD2d 435 ; see also, CPLR 5501 [a] [1], [2]). (Appeal from Order of Supreme Court, Erie County, LaMendola, J.— Set Aside Verdict.)
Present — Denman, P. J., Pine, Hayes, Balio and Boehm, JJ.