DAVID P. RICKICKI AND PATRICIA RICKICKI V BORDEN CHEMICAL, DIVISION OF BORDEN, INC., PPG INDUSTRIES, INC., GLASS GROUP
Motion No: NOS. CA 07-01668 AND CA 07-02552
Slip Opinion No: 2008 NYSlipOp 60653(U)
Decided on January 3, 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.


January 3, 2008

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

DOCKET NOS. CA 07-01668 AND CA 07-02552

DAVID P. RICKICKI AND PATRICIA RICKICKI,

PLAINTIFFS-APPELLANTS,

V

BORDEN CHEMICAL, DIVISION OF BORDEN, INC., PPG INDUSTRIES,

INC., GLASS GROUP, FIBER GLASS PRODUCTS,

DURR ASSOCIATES, C-E MINERALS COMBUSTION ENGINEERING, INC.,

HARBINSON-WALKER REFRACTORIES, DIVISION OF DRESSER

INDUSTRIES, INC., UNIMIN CORPORATION, U.S. SILICA COMPANY,

CIBR-GEIGY CORPORATION, PLASTICS & ADDITIVES DIVISION, THE

DOW CHEMICAL COMPANY, DOW CHEMICAL U.S.C., DAINIPPON, INC.

& CHEMICALS, INC./DIC AMERICA, INC., SHELL OIL COMPANY,

UNION CARBIDE CORPORATION, U.S.A., UNION CARBIDE CHEMICALS

& PLASTICS COMPANY, INC., SOLVENTS & COATINGS MATERIALS

CORP., AND UNION CARBIDE CORPORATION,

DEFENDANTS-RESPONDENTS.

(ACTION NO. 1.)



MICHAEL C. CROWLEY AND SHARON M. CROWLEY,

PLAINTIFFS-APPELLANTS,

V

C-E MINERALS, INC., ET AL., DEFENDANTS-RESPONDENTS,

(ACTION NO. 2.)

———————————————————

COMBUSTION ENGINEERING, INC., ET AL., THIRD-PARTY

PLAINTIFFS,

V

THE DEXTER CORPORATION, HYSOL DIVISION ALSO KNOWN AS AND

DOING BUSINESS AS "DEXTER-HYSON" ALSO KNOWN AS AND DOING

BUSINESS AS DEXTER ELECTRONIC MATERIALS DIVISION, AND

HENKEL LOCTITE CORPORATION, FORMERLY KNOWN AS LOCITITE

CORPORATION, THIRD-PARTY DEFENDANTS-RESPONDENTS.


DOCKET NOS. CA 07-01668 AND CA 07-02552 PAGE 2

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

Appellants having moved to consolidate the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on April 12, 2007 and January 26, 2007, and for an extension of time to perfect the appeals,

Now, upon reading and filing the affirmation of Debra A. Norton dated

December 4, 2007, the notice of motion with proof of service thereof the opposing affidavit of Scott M. Philbin sworn to December 20, 2007, the reply affirmation of Debra A. Norton dated December 28, 2007, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted, the appeals from the orders entered April 12, 2007 and January 26, 2007 are hereby consolidated for the purposes of perfecting and arguing the appeals, appellants shall perfect the appeals on or before March 5, 2008, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.

Entered: January 3, 2008

JoAnn M. Wahl, Clerk