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 79401(U)
Decided on July 27, 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.


July 27, 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.)


Respondent Daniel D. Bigelow having moved for an extension of time to file and serve a brief on the 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, 2008,

Now, upon reading and filing the affidavit of Jonathan D. Cox sworn to July 14, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted on condition that the brief is filed and served on or before September 18, 2009, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before October 5, 2009.

Entered: July 27, 2009

Patricia L. Morgan, Clerk