Opinion
June 4, 1998
Appeal from the Supreme Court, Suffolk County (Henry, J.).
Ordered that the appeal from the order dated October 15, 1996, is dismissed, as that order was superseded by the order dated August 11, 1997, made upon reargument; and it is further,
Ordered that the order dated August 11, 1997, is affirmed insofar as appealed from; and it is further,
Ordered that the defendant is awarded one bill of costs.
While a change of venue, generally, will not be granted for the convenience of a party, such relief may be granted where the inconvenience relates to a party's health (see, Zinker v. Zinker, 185 A.D.2d 698; Messinger v. Festa, 94 A.D.2d 792). The moving party must establish by competent evidence his or her inability to travel (see, Zinker v. Zinker, supra; Hoyt v. Le Bel, 120 A.D.2d 973). Upon the record before us, the defendant sustained her burden of proving that her physical condition necessitated a change of venue.
The plaintiff's remaining contentions are without merit.
Rosenblatt, J. P., Ritter, Krausman and McGinity, JJ., concur;