VIVYAN, KEVIN J. v. ILION CENTRAL SCHOOL DISTRICT

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CA 11-01838 PRESENT: SCUDDER, P.J., FAHEY, LINDLEY, AND MARTOCHE, JJ.

KEVIN J. VIVYAN AND TERRI L. VIVYAN, PLAINTIFFS-APPELLANTS, V ORDER ILION CENTRAL SCHOOL DISTRICT, BOARD OF EDUCATION OF ILION CENTRAL SCHOOL DISTRICT AND ILION MEMORIAL POST #920, AMERICAN LEGION, INC., DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.)

DOUGLAS G. ROBERTS, SYRACUSE, FOR PLAINTIFFS-APPELLANTS.

ROEMER WALLENS GOLD & MINEAUX, LLP, ALBANY (MATTHEW J. KELLY OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Herkimer County (Michael E. Daley, J.), entered April 29, 2011 in a personal injury action. The order, among other things, denied the motion of plaintiffs to set aside the verdict or for a new trial.

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 20, 2012 Frances E. Cafarell Clerk of the Court