PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, CENTRA, AND PERADOTTO, JJ.

DOCKET NO. CA 08-00938

NATALIE M. BARNHARD, PLAINTIFF-RESPONDENT, V CYBEX INTERNATIONAL, INC., DEFENDANT-APPELLANT.

Appellant having moved, upon the return of an order to show cause granted by the Honorable Erin M. Peradotto on May 1, 2008, for a stay of all proceedings to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 18, 2008, pending the hearing and determination of the appeal taken herein,

Now, upon reading and filing the affirmation of Harry F. Mooney dated April 22, 2008, the supplemental affirmation of Dan D. Kohane sworn to April 23, 2008, said show cause order with proof of service thereof, the opposing affidavit of Kevin J. English sworn to April 23, 2008, the reply affirmation of Harry J. Mooney dated May 1, 2008, the surreply affidavit of Kevin J. English sworn to May 7, 2008, the surreply affirmation of Harry J. Mooney dated May 12, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is granted, and all proceedings to enforce the order entered March 18, 2008 are hereby stayed pending the hearing and determination of the appeal taken herein, on the condition that appellant perfect the appeal on or before June 13, 2008, in which event

It is further ORDERED that the appeal is to be added to the calendar for the term of this Court commencing September 8, 2008.

Entered: May 14, 2008

JoAnn M. Wahl, Clerk