Appellate Division of the Supreme Court of the State of New York June 6, 2008, Appeal No. 3 (Jarvis v. LaFarge North America, Inc.)

— Appeal from a judgment of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered May 21, 2007 in a personal injury action. The judgment, among other things, dismissed the complaint upon a jury verdict.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Matter of Eric D. [appeal No. 1], 162 AD2d 1051 [1990]). Present — Scudder, PJ.