—Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered October 10, 2008 in a personal injury action. The order denied the motion of plaintiff for judgment notwithstanding the verdict or, in the alternative, a new trial.
It is hereby ordered that said appeal is unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435 [1989]; see also CPLR 5501 [a] [1], [2]). Present—Smith, J.P., Carni, Pine and Gorski, JJ.