Appeal from an order of Supreme Court, Erie County (Kloch, Sr., J.), entered April 22, 2002, which denied defendant’s motion to set aside a jury verdict.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Smith v Catholic Med. Ctr., 155 AD2d 435 [1989]; see also CPLR 5501 [a] [1]). Present — Pigott, Jr., P.J., Pine, Hurlbutt, Burns and Lawton, JJ.