DENNIS RADDER V CSX TRANSPORTATION, INCORPORATED
Motion No: CA 09-00415
Slip Opinion No: 2009 NY Slip Op 81585(U)
Decided on August 25, 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.


August 25, 2009

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

DOCKET NO. CA 09-00415

DENNIS RADDER, PLAINTIFF-RESPONDENT,

V

CSX TRANSPORTATION, INCORPORATED, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to file and serve a reply brief on 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,

Now, upon reading and filing the affidavit of J. Christine Chiriboga sworn to August 17, 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 reply brief is filed and served on or before September 28, 2009, and the Clerk is directed to accept the reply brief for filing.

Entered: August 25, 2009

Patricia L. Morgan, Clerk