| JOHN MURPHY V CSX TRANSPORTATION, INC. JOHN MURPHY V CSX TRANSPORTATION, INC. (APPEAL NO. 2.) |
| Motion No: CA 09-02450, |
| Slip Opinion No: 2010 NY Slip Op 69869(U) |
| Decided on April 23, 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. |
PRESENT: SCUDDER, P.J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 09-02450,
DOCKET NO. CA 09-02452,
| JOHN MURPHY, PLAINTIFF-RESPONDENT, V CSX TRANSPORTATION, INC.,
DEFENDANT-APPELLANT. (APPEAL NO. 1.) JOHN MURPHY, PLAINTIFF-RESPONDENT, V CSX TRANSPORTATION, INC.,
DEFENDANT-APPELLANT. (APPEAL NO. 2.) |
Appellant having moved to consolidate the appeals taken from an order and a judgment of the Supreme Court both entered in the Office of the Clerk of the County of Erie on July 13, 2009, and for an extension of time to perfect said appeals,
Now, upon reading and filing the affirmations of Alan J. Pierce, Esq. dated April 8, 2010 and April 16, 2010, the notice of motion with proof of service thereof, the affidavit of John F. Collins, Esq. sworn to April 15, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeals from the order (Appeal No. 1) and judgment (Appeal No. 2) entered July 13, 2009 are hereby consolidated for the purposes of perfecting and arguing the appeals, and the ordering paragraph of the order of this Court entered February 8, 2010 is hereby amended by deleting the date April 9, 2010 and inserting in its place the date May 14, 2010.
Memorandum: No further extensions of time to perfect will be granted.
Entered: April 23, 2010
Patricia L. Morgan, Clerk