
    John Murphy, Respondent, v CSX Transportation, Inc., Appellant.
    (Appeal No. 1.)
    [910 NYS2d 723]
   — Appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered July 13, 2009 in a personal injury action. The order, among other things, awarded plaintiff prejudgment interest.

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]). Present — Scudder, P.J., Martoche, Centra, Fahey and Green, JJ.  