| STEPHEN TURNER V CSX TRANSPORTATION, INC., |
| Motion No: CA 09-02429 |
| Slip Opinion No: 2009 NY Slip Op 90784(U) |
| Decided on December 7, 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 09-02429
| STEPHEN TURNER, PLAINTIFF-APPELLANT, V CSX TRANSPORTATION,
INC., ET AL., DEFENDANTS-RESPONDENTS. |
Appellant having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 6, 2009,
Now, upon reading and filing the affirmation of Patrick J. Donoghue dated November 24, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Matthew S. Lerner dated December 3, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted and appellant shall perfect the appeal on or before December 28, 2009, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: December 7, 2009
Patricia L. Morgan, Clerk