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

Respondents having moved for an extension of time to file and serve a brief and appellant having cross-moved for a third extension of time to perfect the appeals taken herein 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,

Now, upon reading and filing the affirmation of Matthew S. Lerner dated February 18, 2010, the notice of motion with proof of service thereof, the affirmation of John F. Collins dated February 25, 2010, the notice of cross motion with proof of service thereof, the affirmation of John F. Collins dated March 1, 2010, the opposing affirmation of Matthew S. Lerner dated March 3, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the cross motion is granted to the extent that the ordering paragraph of the order of this Court entered December 31, 2009 is hereby amended by deleting the date March 1, 2010 and inserting in its place the date March 17, 2010, and

It is further ORDERED that the motion is granted on condition that the respondents' brief is filed and served on or before April 30, 2010, and the Clerk is directed to accept the brief for filing, and

DOCKETS NOS. CA 09-02429 AND CA 09-02575

MARCH 10, 2010

PAGE 2

It is further ORDERED that reply briefs, if any, shall be filed and served on or before May 17, 2010.

Memorandum: No further extensions will be granted to appellant.

Entered: March 10, 2010

Patricia L. Morgan, Clerk