Diane Flood, as Guardian of the Person and Property of Anne Marie Flood, an Incapacitated Person, Respondent, v. CSX Transportation, Inc., Appellant, et al., Defendant

Appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered July 2, 2009 in a personal injury action. The order, inter alia, denied the motion of defendant CSX Transportation, Inc. to compel the deposition of plaintiffs expert.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present — Scudder, P.J., Carni, Green and Gorski, JJ.