| DENNIS RADDER V CSX TRANSPORTATION, INCORPORATED |
| Motion No: CA 09-00415 |
| Slip Opinion No: 2009 NYSlipOp 67024(U) |
| Decided on March 16, 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. |
DOCKET NO. CA 09-00415
| DENNIS RADDER, PLAINTIFF-RESPONDENT, V CSX TRANSPORTATION,
INCORPORATED, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 18, 2008, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affirmation of Robert W. Godwin dated February 23, 2009, the notice of motion with proof of service thereof, the opposing affidavit of J. Christine Chiriboga sworn to March 10, 2009, the notice of cross motion with proof of service thereof,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without further order unless the appeal is perfected on or before May 15, 2009, and
It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.
Entered: March 16, 2009
JoAnn M. Wahl, Clerk