PATRICIA A. RICKICKI AND PATRICIA A. RICKICKI AS EXECUTRIX OF THE ESTATE OF DAVID P. RICKICKI, DECEASED V BORDEN
Motion No: CA 15-02155
Slip Opinion No: 2016 NY Slip Op 61316(U)
Decided on January 12, 2016
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 12, 2016

PRESENT: WHALEN, P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.

DOCKET NO. CA 15-02155
DOCKET NO. CA 15-02156

PATRICIA A. RICKICKI AND PATRICIA A. RICKICKI AS EXECUTRIX

OF THE ESTATE OF DAVID P. RICKICKI, DECEASED, PLAINTIFFS-APPELLANTS,

V

BORDEN CHEMICAL DIVISION OF BORDEN, ET AL., DEFENDANTS,

UNIMIN CORPORATION, UNIMIN SPECIALTY MINERALS, INC., MEYERS

CHEMICALS, U.S. SILICA COMPANY, MALVERN MINERALS COMPANY,

FERRO CORPORATION, NYCO MINERALS COMPANY AND CHARLES B.

CRYSTAL COMPANY, DEFENDANTS-RESPONDENTS.

(ACTION NO. 1.)

MICHAEL C. CROWLEY AND SHARON M. CROWLEY, PLAINTIFFS-APPELLANTS,

V

C-E MINERALS, INC., ET AL., DEFENDANTS, UNIMIN CORPORATION,

UNIMIN SPECIATLY MINERALS, INC., MEYERS CHEMICALS, U.S.

SILICA COMPANY, MALVERN MINERALS COMPANY, FERRO

CORPORATION, NYCO MINERALS COMPANY AND CHARLES B. CRYSTAL

COMPANY, DEFENDANTS-RESPONDENTS.

(ACTION NO. 2.)

(APPEAL NO. 1.)

PATRICIA A. RICKICKI AND PATRICIA A. RICKICKI AS EXECUTRIX

OF THE ESTATE OF DAVID P. RICKICKI, DECEASED, PLAINTIFFS-APPELLANTS,

V

BORDEN CHEMICAL DIVISION OF BORDEN, DEFENDANT, UNIMIN

CORPORATION, UNIMIN SPECIALTY MINERALS, INC., MEYERS

CHEMICALS, U.S. SILICA COMPANY, MALVERN MINERALS COMPANY,

FERRO CORPORATION, NYCO MINERALS COMPANY AND CHARLES B.

CRYSTAL COMPANY, DEFENDANTS-RESPONDENTS.

(ACTION NO. 1.)

MICHAEL C. CROWLEY AND SHARON M. CROWLEY, PLAINTIFFS-APPELLANTS,

V

C-E MINERALS, INC., ET AL., DEFENDANTS, UNIMIN CORPORATION, UNIMIN

SPECIALTY MINERALS, INC., MEYERS CHEMICALS, U.S. SILICA COMPANY,

MALVERN MINERALS COMPANY, FERRO CORPORATION, NYCO MINERALS

COMPANY AND CHARLES B. CRYSTAL COMPANY,

DEFENDANTS-RESPONDENTS.

(ACTION NO. 2.)

(APPEAL NO. 2.)


Appellants having moved to consolidate the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on March 26, 2015, and October 14, 2015,

Now, upon reading and filing the affidavit of William A. Quinlan, Esq., sworn to December 28, 2015, the notice of motion with proof of service thereof, and the affirmation of Scott M. Philbin, Esq., dated January 7, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeals from the orders entered March 26, 2015, and October 14, 2015, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: January 12, 2016

Frances E. Cafarell, Clerk