| STEPHEN TURNER V CSX TRANSPORTATION, INC. AND CONSOLIDATED RAIL CORPORATION |
| Motion No: CA 09-00759 |
| Slip Opinion No: 2009 NY Slip Op 71769(U) |
| Decided on May 5, 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 09-00759
| STEPHEN TURNER, PLAINTIFF-RESPONDENT, V CSX TRANSPORTATION,
INC. AND CONSOLIDATED RAIL CORPORATION, DEFENDANTS-APPELLANTS. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 18, 2008, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Patrick J. Donoghue dated April 14, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Richard C. Brister dated April 29, 2009,
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 July 6, 2009.
Entered: May 5, 2009
Patricia L. Morgan, Clerk