
    Stephen Turner, Respondent, v CSX Transportation, Inc., et al., Appellants.
    (Appeal No. 4.)
    [899 NYS2d 701]
   — 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.  