*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 45

CA 10-01208

PRESENT: SCUDDER, P.J., SMITH, LINDLEY, GREEN, AND MARTOCHE, JJ. LAURIE LONG, AS ADMINISTRATRIX OF THE

ESTATE OF JEREMY HENDERSON, DECEASED,

PLAINTIFF-APPELLANT,

V ORDER NIAGARA FRONTIER TRANSPORTATION AUTHORITY,

NIAGARA FRONTIER TRANSIT METRO SYSTEM, INC.,

AND DARON T. CODY, DEFENDANTS-RESPONDENTS.

(APPEAL NO. 2.) GIBSON, MCASKILL & CROSBY, LLP, BUFFALO (KRISTIN A. TISCI OF COUNSEL), FOR PLAINTIFF-APPELLANT.

DAVID M. GREGORY, BUFFALO (VICKY-MARIE J. BRUNETTE OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Erie County (Paula M.

Feroleto, J.), entered April 15, 2010 in a wrongful death action. The order denied the motion of plaintiff to set aside a jury verdict as against the weight of the evidence.

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]) .

Entered: February 18, 2011 Patricia L. Morgan

Clerk of the Court