| NATALIE M. BARNHARD V CYBEX INTERNATIONAL, INC. |
| Motion No: CA 08-00938 |
| Slip Opinion No: 2008 NYSlipOp 78577(U) |
| Decided on July 23, 2008 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: CENTRA, J.P., FAHEY, GREEN, AND GORSKI, JJ.
DOCKET NO. CA 08-00938
| NATALIE M. BARNHARD, PLAINTIFF-RESPONDENT, V CYBEX
INTERNATIONAL, INC., DEFENDANT-APPELLANT. |
Appellant having moved to reschedule oral argument of the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 18, 2008,
Now, upon reading and filing the affidavit of Harry F. Mooney sworn to June 18, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeal is hereby removed from the September 11, 2008 day calendar of this Court and added to the September 16 day calendar of this Court, at 9:30 a.m.
Entered: July 23, 2008
JoAnn M. Wahl, Clerk