| MORGAN T. PALMER V CSX TRANSPORTATION, INC. |
| Motion No: NOS. CA 09-00035 AND CA 09-00148 |
| Slip Opinion No: 2009 NYSlipOp 63853(U) |
| Decided on February 13, 2009 |
| 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 09-00035 AND CA 09-00148
| MORGAN T. PALMER, PLAINTIFF-APPELLANT, V CSX TRANSPORTATION,
INC., DEFENDANT-RESPONDENT. |
Appellant having moved to vacate the dismissal of the appeals taken herein from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on January 14, 2008 and April 1, 2008, and to consolidate the appeals,
Now, upon reading and filing the affidavit of Emil R. DiNardo sworn to January 21, 2009, 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, and the appeals are hereby consolidated for the purposes of perfecting and arguing the appeals, on the condition that appellant perfect the appeals on or before March 16, 2009.
Entered: February 13, 2009
JoAnn M. Wahl, Clerk