| NATALIE M. BARNHARD V CYBEX INTERNATIONAL, INC. |
| Motion No: CA 11-00893 |
| Slip Opinion No: 2011 NY Slip Op 83580(U) |
| Decided on September 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: PERADOTTO, J.P., CARNI, LINDLEY, SCONIERS, AND GREEN, 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.) |
Third-party defendant 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,
Now, upon reading and filing the affirmation of Sim R. Shaprio, Esq., dated September 1, 2011, the notice of motion with proof of service thereof, the affirmation of Robert A. Spolzino, Esq., dated September 7, 2011, and the affidavit of Kevin J. English, Esq., sworn to September 7, 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 October 21, 2011, and added to the Court's day calendar for October 26, 2011.
Entered: September 14, 2011
Patricia L. Morgan, Clerk