| STEPHEN TURNER V CSX TRANSPORTATION, INC. AND CONSOLIDATED RAIL CORPORATION STEPHEN TURNER V CSX TRANSPORTATION, INC. |
| Motion No: NOS. CA 09-00759, CA 09-01612, CA 09-01613 AND CA 09-01614 |
| Slip Opinion No: 2009 NY Slip Op 81483(U) |
| Decided on August 18, 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 09-00759, CA 09-01612, CA 09-01613 AND CA 09-01614
| STEPHEN TURNER, PLAINTIFF-RESPONDENT, V CSX TRANSPORTATION,
INC. AND CONSOLIDATED RAIL CORPORATION, DEFENDANTS-APPELLANTS. (APPEAL NO. 1.) STEPHEN TURNER, PLAINTIFF-RESPONDENT,
V CSX TRANSPORTATION, INC., ET AL., DEFENDANTS-APPELLANTS. (APPEAL NO. 2.) STEPHEN TURNER, PLAINTIFF-RESPONDENT, V
CSX TRANSPORTATION, INC., ET AL., DEFENDANTS-APPELLANTS. (APPEAL NO. 3.) STEPHEN TURNER, PLAINTIFF-RESPONDENT, V CSX
TRANSPORTATION, INC., AND CONSOLIDATED RAIL CORPORATION, DEFENDANTS-APPELLANTS. (APPEAL NO. 4.) |
Appellants having moved to consolidate the appeals taken from judgments and orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 18, 2008, October 29, 2008, January 23, 2009 and March 4, 2009,
DOCKET NOS. CA 09-00759, CA 09-01612, CA 09-01613 AND CA 09-01614
AUGUST 18, 2009
PAGE 2
Now, upon reading and filing the affirmation of Matthew S. Lerner dated July 30, 2009, the notice of motion with proof of service thereof, the opposing affirmation of John F. Collins dated August 13, 2009, the reply affirmation of Matthew S. Lerner dated August 14, 2009, the surreply affirmation of John F. Collins dated August 17, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted, the appeals from the judgments and orders entered November 18, 2008, October 29, 2008, January 23, 2009 and March 4, 2009 are hereby consolidated for the purposes of perfecting and arguing the appeals, appellants shall perfect the appeals on or before October 19, 2009 and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.
Entered: August 18, 2009
Patricia L. Morgan, Clerk