Pires v Frota Oceanica E. Amazonica, S.A.
Motion No: 2008-06913
Slip Opinion No: 2010 NY Slip Op 84053(U)
Decided on October 4, 2010
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

M109142

E/sl

MARK C. DILLON, J.P.

JOSEPH COVELLO

ANITA R. FLORIO

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 appellant Kenneth Heller pro se on behalf of himself and purportedly on behalf of the appellants Virginia Pires, and Kenneth Heller, P.C., on appeals from two orders of the Supreme Court, Kings County, dated June 25, 2008, and December 17, 2007, respectively, inter alia, to enjoin the respondents from moving to discharge their appeal bond.

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

ORDERED that the motion is dismissed on the ground that the appellant Kenneth Heller is represented by counsel and cannot make a motion pro se, and Kenneth Heller cannot appear on behalf of the appellants Virginia Pires, and Kenneth Heller, P.C. (see CPLR 321[a]), who also are represented by counsel on the appeals.

DILLON, J.P., COVELLO, FLORIO and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court