STEPHEN TURNER V CSX TRANSPORTATION, INC., AND CONSOLIDATED RAIL CORPORATION
Motion No: CA 09-00073
Slip Opinion No: 2009 NY Slip Op 72937(U)
Decided on May 20, 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.


May 20, 2009

PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 09-00073

STEPHEN TURNER, PLAINTIFF-APPELLANT,

V

CSX TRANSPORTATION, INC., AND CONSOLIDATED RAIL

CORPORATION, DEFENDANTS-RESPONDENTS.


Respondents having moved for an extension of time to file and serve a brief on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 9, 2008,

Now, upon reading and filing the affirmation of Peter P. Balouskas dated May 5, 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 on condition that the brief is filed and served on or before June 22, 2009, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before July 7, 2009.

Entered: May 20, 2009

Patricia L. Morgan, Clerk