Boyd v Buffalo Bd. of Educ.

Boyd v Buffalo Bd. of Educ. 2006 NY Slip Op 09832 [35 AD3d 1226] December 22, 2006 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 14, 2007

Terrence Boyd, Respondent, v Buffalo Board of Education et al., Appellants and Third-Party Plaintiffs-Appellants. Eurest Dining Services, a Division of Compass Group U.S.A., Inc., Third-Party Defendant-Respondent. (Appeal No. 3.)

—[*1]Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered September 19, 2005 in a personal injury action. The order denied the motion of defendants-third-party plaintiffs to set aside the verdict and dismiss the complaint or, in the alterative, 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., Hurlbutt, Gorski and Martoche, JJ.