Majority
p. 1294(October 9, 2003) Joseph F. Cegielski, Individually and as Parent and Natural Guardian of Lisa Cegielski et al., Infants, Respondent, v Volney R. Spencer, Appellant, et al., Defendants. (Appeal No. 7.) [765 NYS2d 813]
Appeal from a judgment of Supreme Court, Erie County (O’Donnell, J.), entered June 24, 2002, which upon a jury verdict awarded plaintiff money damages of $258,448.35 on behalf of Lisa Cegielski against defendant Volney R. Spencer.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Matter of Eric D. [appeal No. 1], 162 AD2d 1051 [1990]). Present — Pigott, Jr., P.J., Green, Pine, Scudder and Hayes, JJ.