NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT
April 30, 2010
STEPHEN TURNER, RESPONDENT,
CSX TRANSPORTATION, INC., ET AL., APPELLANTS. (APPEAL NO. 4.)
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.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 9, 2010
It is hereby ordered that said appeal is unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435 ; see also CPLR 5501 [a] , ).
Present---Smith, J.P., Fahey, Carni, Sconiers and Pine, JJ.
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