| JOHN MURPHY V CSX TRANSPORTATION, INC. |
| Motion No: NOS. CA 09-02450 AND CA 09-02452 |
| Slip Opinion No: 2009 NY Slip Op 91542(U) |
| Decided on December 14, 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. |
DOCKET NOS. CA 09-02450 AND CA 09-02452
| JOHN MURPHY, PLAINTIFF-RESPONDENT, V CSX TRANSPORTATION, INC.,
DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeals taken from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 13, 2009, on the ground that appellant has failed to perfect timely the appeals,
Now, upon reading and filing the affidavit of John F. Collins sworn to November 30, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Alan J. Pierce sworn to December 10, 2009,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeals are dismissed without further order unless the appeals are perfected on or before February 16, 2010.
Entered: December 14, 2009
Patricia L. Morgan, Clerk