| STEPHEN TURNER V CSX TRANSPORTATION, INC., AND CONSOLIDATED RAIL CORPORATION |
| Motion No: CA 09-00073 |
| Slip Opinion No: 2009 NY Slip Op 78779(U) |
| Decided on July 15, 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 NO. CA 09-00073
| STEPHEN TURNER, PLAINTIFF-APPELLANT, V CSX TRANSPORTATION,
INC., AND CONSOLIDATED RAIL CORPORATION, DEFENDANTS-RESPONDENTS. |
Appellant having moved for an extension of time to file and serve a reply 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 Patrick J. Donoghue dated June 29, 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 August 17, 2009, and the Clerk is directed to accept the brief for filing.
Entered: July 15, 2009
Patricia L. Morgan, Clerk