Ordered that the appeal from the order dated October 15, 1996, is dismissed, as that order was superseded by the order dated August 11, 1997, made upon reargument; and it is further,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;