| MOTION NO. 553 STEPHEN TURNER V CSX TRANSPORTATION, INC., AND CONSOLIDATED RAIL CORPORATION (APPEAL NO. 5.) |
| Motion No: CA 09-01614 |
| Slip Opinion No: 2010 NY Slip Op 75079(U) |
| Decided on June 11, 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: SMITH, J.P., FAHEY, CARNI, SCONIERS, AND PINE, JJ.
CA 09-01614
| MOTION NO. 553 STEPHEN TURNER, PLAINTIFF-RESPONDENT, V
CSX TRANSPORTATION, INC., AND CONSOLIDATED RAIL CORPORATION, DEFENDANTS-APPELLANTS. (APPEAL NO.
5.) |
Defendents-appellants having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered April 30, 2010,
Now, upon reading and filing the affirmation of Matthew S. Lerner, Esq. dated May 7, 2010, the notice of motion with proof of service thereof, the affirmation of John F. Collins, Esq. dated May 20, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: June 11, 2010
Patricia L. Morgan, Clerk