| DAVID CANAZZI V CSX TRANSPORTATION, INC. |
| Motion No: NOS. CA 08-01659 AND CA 08-01660 |
| Slip Opinion No: 2008 NYSlipOp 80651(U) |
| Decided on August 20, 2008 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NOS. CA 08-01659 AND CA 08-01660
| DAVID CANAZZI, PLAINTIFF-RESPONDENT, V CSX TRANSPORTATION,
INC., DEFENDANT-APPELLANT. |
Appellant having moved to consolidate the appeals taken from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 7, 2008 and February 21, 2008, and for an extension of time to perfect the appeals,
Now, upon reading and filing the affidavit of Kimberly D. Gensler sworn to August 5, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted, the appeals from the order and the judgment entered February 7, 2008 and February 21, 2008 are hereby consolidated for the purposes of perfecting and arguing the appeals, appellant shall perfect the appeals on or before October 20, 2008 and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.
Entered: August 20, 2008
JoAnn M. Wahl, Clerk