PATRICIA A. RICKICKI AND PATRICIA A. RICKICKI AS EXECUTRIX OF THE ESTATE OF DAVID P. RICKICKI, DECEASED V BORDEN

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 84219(U)

Decided on August 31, 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.

August 31, 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.
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.)
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.)

Plaintiffs-appellants having moved for an extension of time to perfect 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 affirmation of William A. Quinlan, Esq. dated August 10, 2016, the notice of motion with proof of service thereof, the affirmation of Scott M. Philbin, Esq., dated August 22, 2016, the affirmation of Lynn D. Gates, Esq., dated August 23, 2016, and the affirmation of Ann M. Campbell, Esq., dated August 25, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 1 is dismissed without prejudice to a motion to vacate dismissal of the appeals (see 22 NYCRR 1000.13 [g]), and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 2 is granted, and appellant shall perfect appeal No. 2 on or before October 31, 2016, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: August 31, 2016

Frances E. Cafarell, Clerk