Matter of TNT Petroleum, Inc. v Sea Petroleum, Inc.

Matter of TNT Petroleum, Inc. v Sea Petroleum, Inc.

Motion No: 2005-03363 +1

Slip Opinion No: 2006 NYSlipOp 74267(U)

Decided on August 23, 2006

Appellate Division, Second 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.

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M43676

O/sl

A. GAIL PRUDENTI, P.J.

STEPHEN G. CRANE

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2005-03363, 2005-07511
In the Matter of TNT Petroleum, Inc., respondent,
v Sea Petroleum, Inc., et al., appellants.
(Index No. 10532/03)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from an order and judgment (one paper) of the Supreme Court, Nassau County, entered July 19, 2004 (Appellate Division Docket No. 2005-03363), and an order of the same court dated June 20, 2005 (Appellate Division Docket No. 2005-07511), on the ground that a supplemental record was not served and filed in accordance with a decision and order of this court dated June 23, 2006, and cross motion by the appellants to enlarge time to serve and file the supplemental record.

Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is

ORDERED that the cross motion is granted, the appellants' time to serve and file the supplemental record is enlarged until September 5, 2006, and the supplemental record must be served and filed on or before that date; and it is further,

ORDERED that the motion by the respondent to dismiss the appeal is denied.

PRUDENTI, P.J., CRANE, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court