SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
March 27, 2009
JOHN P. MERGLER, PLAINTIFF-RESPONDENT,
CSX TRANSPORTATION, INC., DEFENDANT-APPELLANT. (APPEAL NO. 2.)
Appeal from a judgment of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered October 30, 2007 in a personal injury action. The judgment awarded plaintiff money damages upon a jury verdict.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
PRESENT: MARTOCHE, J.P., SMITH, CENTRA, FAHEY, AND PINE, JJ.
It is hereby ORDERED that said appeal is unanimously dismissed without costs (see generally Karagiannis v New York State Thruway Auth., 209 AD2d 995).
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