PRESENT: SCUDDER, P. J., CENTRA, FAHEY, PERADOTTO, AND GREEN, JJ.

DOCKET NO. CA 11-00893

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.

Appellant having moved, upon the return of an order to show cause granted by the Honorable Samuel L. Green on April 26, 2011, for a stay of all proceedings to enforce the judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 21, 2011, pending the hearing and determination of the appeal taken herein,

Now, upon reading and filing the affirmations of Robert A. Spolzino, Esq. dated April 26, 2011, and May 13, 2011, the affidavit of Arthur W. Hicks, Jr. sworn to April 20, 2011, said show cause order with proof of service thereof, and the affidavit of Kevin J. English, Esq. sworn to May 10, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the following conditions:

(1) appellant shall give an undertaking in the amount of $10,000,000 on or before June 6, 2011,

(2) appellant shall not further encumber its assets, except in the ordinary course of business, and

(3) appellant shall perfect the appeal on or before June 30, 2011, in which case the appeal shall be placed on the calendar for the term of this Court commencing September 6, 2011.

Entered: May 26, 2011

Patricia L. Morgan, Clerk