Palmer v CSX Transp., Inc.

2009 NY Slip Op 09735 [68 AD3d 1626]

December 30, 2009

Appellate Division, Fourth Department

As corrected through Wednesday, February 10, 2010

Morgan T. Palmer, Appellant, v CSX Transportation, Inc.,Respondent. (Appeal No. 1.)

—[*1]Dinardo & Metschl, P.C., Williamsville (Daniel R. Metschl of counsel), forplaintiff-appellant. Anspach Meeks Ellenberger LLP, Buffalo (Michelle Parker of counsel), fordefendant-respondent.

Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.),entered January 14, 2008 in an action pursuant to the Federal Employers' Liability Act. Theorder, insofar as appealed from, denied in part plaintiff's motion to set aside the jury verdict.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Smith vCatholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435 [1989]; see also CPLR5501 [a] [1], [2]). Present—Smith, J.P., Centra, Fahey, Carni and Pine, JJ.