Turner v CSX Transp., Inc.
2010 NY Slip Op 03643 [72 AD3d 1597]
April 30, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 9, 2010


Stephen Turner, Respondent,
v
CSX Transportation, Inc., et al., Appellants. (Appeal No. 4.)

—[*1] Goldberg Segalla LLP, Albany (Matthew S. Lerner of counsel), Anspach Meeks Ellenberger LLP, Buffalo and Burns, White & Hicton, LLC, Pittsburgh, Pa., for defendants-appellants.

Collins, Collins & Donoghue, P.C., Buffalo (Patrick Donoghue of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered January 23, 2009 in a personal injury action. The order denied defendants' motion for, inter alia, a new trial.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435 [1989]; see also CPLR 5501 [a] [1], [2]). Present—Smith, J.P., Fahey, Carni, Sconiers and Pine, JJ.