| DAVID P. RICKICKI AND PATRICIA RICKICKI V BORDEN CHEMICAL DIVISION OF BORDEN, INC. , UNIMIN CORPORATION AND U.S. SILICA |
| Motion No: NOS. CA 07-01668 AND CA 07-02552 |
| Slip Opinion No: 2008 NYSlipOp 80122(U) |
| Decided on August 4, 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 NOS. CA 07-01668 AND CA 07-02552
DOCKET NOS. CA 07-01668 AND CA 07-02552PAGE 2
| DAVID P. RICKICKI AND PATRICIA RICKICKI, PLAINTIFFS-APPELLANTS,
V BORDEN CHEMICAL DIVISION OF BORDEN, INC., ET AL., DEFENDANTS, UNIMIN CORPORATION AND U.S. SILICA COMPANY,
DEFENDANTS-RESPONDENTS, MICHAEL C. CROWLEY AND SHARON M. CROWLEY, PLAINTIFFS-APPELLANTS, V C-E MINERALS, INC., ET AL.
DEFENDANTS, NYCO MINERALS COMPANY, UNIMIN, INC., U.S. SILICA COMPANY, MEYERS CHEMICALS, MALVERN MINERALS COMPANY, FERRO
CORPORATION, CHARLES B. CRYSTAL CO., INC., AND UNIMIN SPECIALTY MINERALS, INC., DEFENDANTS-RESPONDENTS. (APPEAL NO. 1)
DAVID P. RICKICKI AND PATRICIA RICKICKI, PLAINTIFFS-APPELLANTS, V BORDEN CHEMICAL DIVISION OF BORDEN, INC., ET AL., DEFENDANTS, UNIMIN
CORPORATION AND U.S. SILICA COMPANY, DEFENDANTS-RESPONDENTS, MICHAEL C. CROWLEY AND SHARON M. CROWLEY, PLAINTIFFS-APPELLANTS,
V C-E MINERALS, INC., ET AL. DEFENDANTS, NYCO MINERALS COMPANY, UNIMIN, INC., U.S. SILICA COMPANY, MEYERS CHEMICALS, MALVERN MINERALS
COMPANY, FERRO CORPORATION, CHARLES B. CRYSTAL CO., INC., AND UNIMIN SPECIALTY MINERALS, INC., DEFENDANTS-RESPONDENTS. (APPEAL NO. 2) PRESENT:
SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ. |
Respondents 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 Cattaraugus on April 12, 2007 and January 26, 2007,
Now, upon reading and filing the affidavit of Lynn D. Gates sworn to July 21, 2008, the affidavit of Kimberly D. Gensler sworn to July 25, 2008, the notices of motion with proof of service thereof, the affidavit of Scott M. Philbin sworn to July 28, 2008, the affirmation of Melanie S. Wolk dated July 31, 2008, the reply affirmation of Debra A. Norton dated August 1, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motions be, and the same hereby are, granted on condition that the brief is filed and served on or before September 25, 2008, 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 16, 2008.
Entered: August 4, 2008
JoAnn M. Wahl, Clerk