Delong v County of Chautauqua
2010 NY Slip Op 02621 [71 AD3d 1580]
March 26, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 28, 2010


Kevin E. Delong, Appellant, v County of Chautauqua, Respondent/Third-Party Plaintiff. Rhonda Delong, Third-Party Defendant-Respondent. (Appeal No. 1.)

—[*1] Erickson Webb Scolton & Hajdu, Lakewood (Paul V. Webb, Jr., of counsel), for plaintiff-appellant.

Chelus, Herdzik, Speyer & Monte, P.C., Buffalo (Anthony B. Targia of counsel), for defendant-respondent.

Rupp, Baase, Pfalzgraf, Cunningham & Coppola LLC, Buffalo (Thomas P. Cunningham of counsel), for third-party defendant-respondent.

Appeal from an order of the Supreme Court, Chautauqua County (Timothy J. Walker, A.J.), entered March 5, 2009 in a personal injury action. The order denied the motion of plaintiff to set aside the verdict.

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—Scudder, P.J., Peradotto, Lindley and Gorski, JJ.