| STEPHEN TURNER V CSX TRANSPORTATION, INC., |
| Motion No: CA 09-00073 |
| Slip Opinion No: 2010 NY Slip Op 65177(U) |
| Decided on March 2, 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. |
DOCKET NO. CA 09-00073
| STEPHEN TURNER, PLAINTIFF-APPELLANT, V CSX TRANSPORTATION,
INC., ET AL., DEFENDANTS-RESPONDENTS. |
Respondents having moved after oral argument for permission to submit to the Court for its consideration the decision of Thomas v. Union Pac. R.R. Co. (2010 WL 143756 [ED Ark 2010]) (the "post argument submission") on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 9, 2008,
Now, upon reading and filing the affirmation of Matthew S. Lerner dated January 27, 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 is granted on the condition that ten copies of the post argument submission are filed with proof of service on or before March 9, 2010, and the Clerk is directed to accept the post argument submission for filing.
Entered: March 2, 2010
Patricia L. Morgan, Clerk