ROBERT C. TESTERMAN V RACHEL L. ZIELINSKI , DANIEL D. BIGELOW, AS EXECUTOR OF THE ESTATE OF TENNY C. BIGELOW, DECEASED
Motion No: NOS. CA 08-02423 AND CA 08-02498
Slip Opinion No: 2009 NYSlipOp 64623(U)
Decided on February 24, 2009
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.


February 24, 2009

PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NOS. CA 08-02423 AND CA 08-02498

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,

DEFENDANT-RESPONDENT. (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.)


Appellant Robert C. Testerman having moved for an extension of time to perfect his appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on August 11, 2008 and October 31, 2009,

Now, upon reading and filing the affirmation of Lawrence A. Schulz dated February 5, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Jonathan D. Cox sworn to February 13, 2009, the reply affirmation of Lawrence A. Schulz dated February 19, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that the first ordering paragraph of the order of this Court entered December 10, 2008 is hereby amended by deleting the date February 9, 2008 and inserting in its place the date April 20, 2009.

Entered: February 24, 2009

JoAnn M. Wahl, Clerk