Heller v Frota Oceanica E. Amazonica, S.A.
Motion No: 2008-01078
Slip Opinion No: 2009 NYSlipOp 63137(U)
Decided on February 9, 2009
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

M82256

E/nl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

HOWARD MILLER

RUTH C. BALKIN, JJ.

2008-01078

Kenneth Heller, et al., appellants, v Frota

Oceanica E. Amazonica, S.A., et al.,

respondents.

(Index No. 38282/06)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to enlarge the time to serve and file a replacement appendix and brief on an appeal from an order of the Supreme Court, Kings County, dated December 17, 2007, and, in effect, to enlarge the record to include documents from an action entitled Rudes v Heller, commenced in the Supreme Court, New York County, under Index No. 114298/04.

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

ORDERED that the motion is denied.

We note that the appellants' time to serve and file a replacement appendix and brief was enlarged until March 23, 2009, by decision and order on motion of this court dated January 14, 2009.

SPOLZINO, J.P., RITTER, MILLER and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court