Appellate Division: Second Judicial Department

M100200

E/sl

WILLIAM F. MASTRO, J.P.

HOWARD MILLER

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2008-06913, 2008-01078 Virginia Pires, appellant, v Frota Oceanica E. Amazonica, S.A., et al., respondents. (Appeal No. 1) (Index No. 38583/06) Kenneth Heller, et al., appellants, v Frota Oceanica E. Amazonica, S.A., et al., respondents. (Appeal No. 2) (Index No. 38282/06)

DECISION & ORDER ON MOTION

Motion by the appellants to relieve Susan Harmon, Esq., as their attorney and substitute John L. Sampson, Esq., on appeals from two orders of the Supreme Court, Kings County, dated June 25, 2008, and December 17, 2007, respectively, for leave to file a supplemental brief, and to increase the amount of the "appeal guarantee bond."

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

ORDERED that the branch of the motion which is to relieve Susan Harmon, Esq., and substitute John L. Sampson, Esq., as the appellants' attorney is granted; and it is further,

ORDERED that the branch of the motion which is for leave to file a supplemental brief is granted to the extent that John L. Sampson, Esq., shall review the brief filed by Susan Harmon, Esq., on March 23, 2009, and on or before April 21, 2010, shall serve and file a replacement brief, or notify the court, in writing, that he is adopting the brief filed by Susan Harmon, Esq., and file a supplemental brief or notify the court that he will not be filing a supplemental brief; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., MILLER, AUSTIN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court