| NATALIE M. BARNHARD V CYBEX INTERNATIONAL, INC. |
| Motion No: CA 11-00893 |
| Slip Opinion No: 2011 NY Slip Op 82403(U) |
| Decided on August 31, 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: CENTRA, J.P., PERADOTTO, CARNI, GREEN, AND GORSKI, JJ.
DOCKET NO. CA 11-00893
DOCKET NO. CA 11-00752
| NATALIE M. BARNHARD, PLAINTIFF-RESPONDENT, V CYBEX
INTERNATIONAL, INC., DEFENDANT-APPELLANT. CYBEX INTERNATIONAL, INC., THIRD-PARTY PLAINTIFF-RESPONDENT, V
AMHERST ORTHOPEDIC PHYSICAL THERAPY, P.C., THIRD-PARTY DEFENDANT-RESPONDENT-APPELLANT. (APPEAL NO. 1.) NATALIE M. BARNHARD,
PLAINTIFF-RESPONDENT, V CYBEX INTERNATIONAL, INC., DEFENDANT-APPELLANT.
——————————————————————&
mdash; CYBEX INTERNATIONAL, INC., THIRD-PARTY PLAINTIFF, V AMHERST ORTHOPEDIC PHYSICAL THERAPY, P.C., THIRD-PARTY
DEFENDANT-RESPONDENT. (APPEAL NO. 2.) |
Defendant/third-party plaintiff having moved to adjourn oral argument of the appeals from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 21, 2011, and March 7, 2011, to the term of this Court commencing October 17, 2011,
Now, upon reading and filing the affirmation of Robert A. Spolzino, Esq., dated August 16, 2011, the notice of motion with proof of service thereof, the affidavit of Kevin J. English, Esq., sworn to August 25, 2011, and the affirmation of Sim R. Shapiro, Esq., dated August 26, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeals shall be removed from the Court's day calendar for September 8, 2011, and added to the calendar for the term of this Court commencing October 17, 2011.
Entered: August 31, 2011
Patricia L. Morgan, Clerk