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.)

Respondent having moved for an extension of time to file and serve a brief on the appeals 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, 2009, January 23, 2009 and March 4, 2009,

DOCKET NOS. CA 09-00759, CA 09-01612, CA 09-01613 AND CA 09-01614

DECEMBER 31, 2009

PAGE 2

Now, upon reading and filing the affirmation of John F. Collins dated December 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 brief is filed and served on or before February 25, 2010, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before March 12, 2010.

Entered: December 31, 2009

Patricia L. Morgan, Clerk