| NATALIE M. BARNHARD V CYBEX INTERNATIONAL, INC. |
| Motion No: CA 11-00752 |
| Slip Opinion No: 2011 NY Slip Op 70037(U) |
| Decided on April 14, 2011 |
| 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: SCUDDER, P. J., CENTRA, FAHEY, PERADOTTO, AND GORSKI, JJ.
DOCKET NO. CA 11-00752
| NATALIE M. BARNHARD, PLAINTIFF-RESPONDENT, V CYBEX
INTERNATIONAL, INC., DEFENDANT-APPELLANT. CYBEX INTERNATIONAL, INC., THIRD-PARTY PLAINTIFF, V AMHERST ORTHOPEDIC
PHYSICAL THERAPY, P.C., THIRD-PARTY DEFENDANT. |
Defendant-appellant having moved, upon the return of an order to show cause granted by the Honorable Jerome C. Gorski on April 7, 2011, for an order, pursuant to CPLR 5519 (c), staying entry of a judgment in this action or, in the alternative, staying the enforcement of a judgment of the Supreme Court that had not yet been entered or appealed, pending the hearing and determination 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 7, 2011,
Now, upon reading and filing the affirmation of Robert A. Spolzino, Esq. dated April 5, 2011, the affidavit of Arthur W. Hicks, Jr. sworn to March 6, 2011 [sic], said show cause order with proof of service thereof, and the affidavit of Kevin J. English, Esq. dated April 7, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as premature.
Entered: April 14, 2011
Patricia L. Morgan, Clerk