
    John P. Mergler, Respondent, v CSX Transportation, Inc., Appellant.
    (Appeal No. 2.)
    [879 NYS2d 741] —
   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.

It is hereby ordered that said appeal is unanimously dismissed without costs (see generally Karagiannis v New York State Thruway Auth., 209 AD2d 995 [1994]). Present — Martoche, J.P., Smith, Centra, Fahey and Pine, JJ.  