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 for an extension of time to perfect the appeal taken from 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

October 19, 2009

PAGE 2

Now, upon reading and filing the affirmation of Matthew S. Lerner dated October 9, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Patrick J. Donoghue dated October 15, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that the ordering paragraph of the order of this Court entered August 18, 2009 is hereby amended by deleting the date October 19, 2 009 and inserting in its place December 3, 2009.

Entered: October 19, 2009

Patricia L. Morgan, Clerk