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Julie Miller, Individually and as Administrator of the Estate of Charles J. Miller v. Marvin Galler, M.D.
Appeal from an order of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered June 5, 2006 in a medical malpractice and wrongful death action. The order denied plaintiffs motion to set aside the jury verdict and direct judgment in favor of plaintiff or, in the alternative, grant a new trial. It is hereby ordered that said appeal be and the same hereby 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., Gorski, Lunn, Peradotto and Green, JJ.