| STEPHEN TURNER V CSX TRANSPORTATION, INC., STEPHEN TURNER V CSX TRANSPORTATION, INC. AND CONSOLIDATED RAIL |
| Motion No: NOS. CA 09-02429 AND CA 09-02575 |
| Slip Opinion No: 2009 NY Slip Op 93084(U) |
| Decided on December 31, 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 NOS. CA 09-02429 AND CA 09-02575
| STEPHEN TURNER, PLAINTIFF-APPELLANT, V CSX TRANSPORTATION,
INC., ET AL., DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) STEPHEN TURNER, PLAINTIFF-APPELLANT, V CSX TRANSPORTATION, INC. AND
CONSOLIDATED RAIL CORPORATION, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.) |
Appellant having moved to consolidate 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 February 6, 2009 and March 4, 2009, and for an extension of time to perfect the appeals,
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, the appeals from the order and the judgment entered February 6, 2009 and March 4, 2009 are hereby consolidated for the purposes of perfecting and arguing the appeals, and the ordering paragraph of the order of this Court entered December 7, 2009 is hereby amended by deleting the date December 28, 2009 and inserting in its place the date March 1, 2010.
Entered: December 31, 2009
Patricia L. Morgan, Clerk