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 NY Slip Op 72905(U)
Decided on May 13, 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.


May 13, 2009

PRESENT: HURLBUTT, J.P., 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 April 15, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Jonathan D. Cox sworn to April 24, 2009, the reply affirmation of Lawrence A. Schulz dated April 29, 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 ordering paragraph of the order of this Court entered February 24, 2009 is hereby amended by deleting the date April 20, 2009 and inserting in its place the date June 29, 2009.

Memorandum: No further extensions to perfect those appeals will be granted.

Entered: May 13, 2009

Patricia L. Morgan, Clerk