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 76441(U)
Decided on July 1, 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.


July 1, 2010

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 for an extension of time to file and serve a reply brief on 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,

Now, upon reading and filing the affirmation of Alan J. Pierce, Esq. dated June 17, 2010, the notice of motion with proof of service thereof, the affirmation of Patrick J. Donoghue, Esq. dated June 22, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on condition that the brief is filed and served on or before July 19, 2010, and the Clerk is directed to accept the brief for filing.

Entered: July 1, 2010

Patricia L. Morgan, Clerk