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 85067(U)
Decided on September 6, 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.


September 6, 2016

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 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 CORPORATION, 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.)


Third-party defendant-appellant having moved for an extension of time to perfect the appeal 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,

Now, upon reading and filing the affidavits of Ann M. Campbell, Esq., sworn to August 10, 2016, August 12, 2016, and August 26, 2016, the notice of motion with proof of service thereof, the affirmation of Scott M. Philbin, Esq., dated August 23, 2016, and the affirmation of Lynn D. Gates, Esq., dated August 23, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the ordering paragraph of the order of this Court entered July 6, 2016, is hereby amended by deleting the date August 12, 2016, and inserting in its place the date October 11, 2016.

Memorandum: No further extensions of time to perfect the appeal will be granted.

Entered: September 6, 2016

Frances E. Cafarell, Clerk