
    Stephen Turner, Respondent, v CSX Transportation, Inc., et al., Appellants.
    (Appeal No. 2.)
    [899 NYS2d 700]
   — Appeal from a judgment of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered November 18, 2008 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 Matter of Eric D. [appeal No. 1], 162 AD2d 1051 [1990]). Present — Smith, J.P., Fahey, Carni, Sconiers and Pine, JJ.  