SALVATORE IADICICCO AND VIOLET IADICICCO, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF AUGIE IADICICCO, AN
Motion No: CA 06-03569
Slip Opinion No: 2008 NYSlipOp 83439(U)
Decided on September 17, 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.


September 17, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, CENTRA, AND LUNN, JJ.

DOCKET NO. CA 06-03569

SALVATORE IADICICCO AND VIOLET IADICICCO, INDIVIDUALLY AND

AS PARENTS AND NATURAL GUARDIANS OF AUGIE IADICICCO, AN

INFANT, AND MARTHA CAIMANO, PLAINTIFFS-APPELLANTS

V

OCCIDENTAL CHEMICAL CORPORATION, OXY CHEMICAL CORPORATION,

OCCIDENTAL PETROLEUM CORPORATION, OCCIDENTAL CHEMICAL

HOLDING CORPORATION, OCCIDENTAL PETROLEUM INVESTMENT

COMPANY AND OLIN CORPORATION, DEFENDANTS-RESPONDENTS.


Appellant Violet Iadicicco having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on October 30, 2006,

Now, upon reading and filing the affidavit of Violet Iadicicco sworn to August 19, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Kevin M. Hogan sworn to August 26, 2008, the opposing affirmation of Jeffrey C. Stravino dated August 28, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied, for failure to set forth sufficient facts to demonstrate a meritorious appeal (see 22 NYCRR 1000.13 [g]).

Entered: September 17, 2008

JoAnn M. Wahl, Clerk