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

DOCKET NO. CA 15-02155

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 SPECIATLY MINERALS, INC., MEYERS CHEMICALS, U.S. SILICA COMPANY, MALVERN MINERALS COMPANY, FERRO CORPORATION, NYCO MINERALS COMPANY AND CHARLES B. CRYSTAL COMPANY, DEFENDANTS-RESPONDENTS. UNIMIN CORPORATION, THIRD-PARTY PLAINTIFF-RESPONDENT, V DEXTER-HYSOL, INC., THIRD-PARTY DEFENDANT-APPELLANT. U.S. SILICA CORPORATON, THIRD-PARTY PLAINTIFF-RESPONDENT, V DEXTER-HYSOL, INC., THIRD-PARTY DEFENDANT-APPELLANT. (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. 1.)

Third-party defendant-appellant having moved to consolidate the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on March 26, 2015, and for an extension of time to perfect its appeal,

Now, upon reading and filing the affidavit of Ann M. Campbell, Esq., sworn to March 21, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to consolidate the appeals is granted, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect an appeal is granted to the extent that defendant-appellant shall perfect its appeal on or before June 13, 2016, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: April 6, 2016

Frances E. Cafarell, Clerk