JOHN MURPHY V CSX TRANSPORTATION, INC.
Motion No: CA 09-02450
Slip Opinion No: 2010 NY Slip Op 63054(U)
Decided on February 8, 2010
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.


February 8, 2010

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 09-02450

JOHN MURPHY, PLAINTIFF-RESPONDENT,

V

CSX TRANSPORTATION, INC., DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal 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,

Now, upon reading and filing the affirmation of Alan J. Pierce dated January 28, 2010, the notice of motion with proof of service thereof, the opposing affirmation of John F. Collins dated February 4, 2010, 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 December 14, 2009 is hereby amended by deleting the date February 16, 2010 and inserting in its place the date April 9, 2010.

Entered: February 8, 2010

Patricia L. Morgan, Clerk