Appellate Division of the Supreme Court of the State of New York November 13, 1998, Appeal No. 3 (Harris v. Moyer)

—Appeal unanimously dismissed without costs (see, Smith v Catholic Med. Ctr., 155 AD2d 435; see also, CPLR 5501 [a] [1]). (Appeal from Order of Supreme Court, Allegany County, Himelein, J. — Set Aside Verdict.) Present — Pine, J. P., Lawton, Hayes, Callahan and Fallon, JJ.