*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 470

CA 11-02023

PRESENT: SCUDDER, P.J., FAHEY, LINDLEY, AND MARTOCHE, JJ.

ADAM R. STEARNS AND KATHLEEN STEARNS,

PLAINTIFFS-APPELLANTS,

V ORDER IRENE O’BRIEN, DEFENDANT-RESPONDENT.

(APPEAL NO. 1.)

CHARLES A. HALL, ROCHESTER, FOR PLAINTIFFS-APPELLANTS.

LAW OFFICE OF KEITH D. MILLER, LIVERPOOL (KEITH D. MILLER OF COUNSEL), FOR DEFENDANT-RESPONDENT. Appeal from an order of the Supreme Court, Ontario County (Craig J. Doran, A.J.), entered January 21, 2011 in a personal injury action. The order denied the motion of plaintiffs 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; see also CPLR 5501 [a] [1], [2]).

Entered: April 27, 2012 Frances E. Cafarell

Clerk of the Court