| ROBERT C. TESTERMAN V RACHEL L. ZIELINSKI , DANIEL D. BIGELOW, AS EXECUTOR OF THE ESTATE OF TENNY C. BIGELOW, DECEASED |
| Motion No: CA 08-02423 |
| Slip Opinion No: 2008 NYSlipOp 91718(U) |
| Decided on December 10, 2008 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 08-02423
| ROBERT C. TESTERMAN, PLAINTIFF-APPELLANT, V RACHEL L. ZIELINSKI,
ET AL., DEFENDANTS, DANIEL D. BIGELOW, AS EXECUTOR OF THE ESTATE OF TENNY C. BIGELOW, DECEASED, AND DANIEL D. BIGELOW, AS
ADMINISTRATOR C.T.A. OF THE ESTATE OF DOUGLAS L. BIGELOW, DECEASED, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) ROBERT C.
TESTERMAN, PLAINTIFF-APPELLANT, V RACHEL L. ZIELINSKI, ET AL., DEFENDANTS, AND PISA ELECTRICAL CONSTRUCTION & MANUFACTURING,
INC., DEFENDANT-RESPONDENT. (APPEAL NO. 2.) DANIEL D. BIGELOW, AS EXECUTOR OF THE ESTATE OF TENNY C. BIGELOW, DECEASED, AND
DANIELD D. BIGELOW, AS ADMINISTRATOR, C.T.A. OF THE ESTATE OF DOUGLAS L. BIGELOW, DECEASED, PLAINTIFF-RESPONDENT, V RACHEL L.
ZIELINSKI, AND PISA ELECTRICAL CONSTRUCTION & MANUFACTURING, INC., DEFENDANTS-APPELLANTS. (APPEAL NO.
3.) |
Respondent having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on August 11, 2008, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved to consolidate that appeal with appeals taken from orders of the same court entered October 31, 2008 (Docket No. CA 08-02498) and September 19, 2008 (Docket No. CA 08-02500),
Now, upon reading and filing the affidavit of Jonathan D. Cox sworn to November 19, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Herschel
DOCKET NO. CA 08-02423 PAGE 2
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
Gelber sworn to December 2, 2008, the notice of cross motion with proof of service thereof, the reply affirmation of Thomas P. Kawalec dated December 3, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal from the orders entered August 11, 2008 is dismissed without further order unless that appeal is perfected on or before February 9, 2009, and
It is further ORDERED that the cross motion be, and the same hereby is, granted and the appeals from the orders entered August 11, 2008, October 31, 2008 and September 19, 2008 are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: December 10, 2008
JoAnn M. Wahl, Clerk