Majority
p. 995Richard Tomaszewski et al., Individually and as Parents and Natural Guardians of Rachel Tomaszewski, an Infant, Respondents, v Charles Seewaldt et al., Appellants. (Appeal No. 2.) [782 NYS2d 207]
Appeal from an order of the Supreme Court, Erie County (Nelson H. Cosgrove, J.), entered October 15, 2003. The order denied defendants’ motion to set aside the verdict.
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]). Present—Pigott, Jr., P.J., Hurlbutt, Gorski and Lawton, JJ.