| 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 91770(U) |
| Decided on November 16, 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. |
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 to vacate dismissal of appeal herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on March 26, 2015 (appeal No. 1), and 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 October 14, 2015 (appeal No. 2),
Now, upon reading and filing the affirmation of William A. Quinlan, Esq., dated October 27, 2016, the notice of motion with proof of service thereof, the affidavit of Ann M. Campbell, Esq., sworn to November 7, 2016, and the joint affirmation of Scott M. Philbin, Esq., and Lynn D. Gates, Esq., dated November 7, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of appeal No. 1 is denied, with leave to renew upon timely filing and serving a new motion that includes an affidavit setting forth sufficient facts to demonstrate a meritorious appeal (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 to the extent that the second ordering paragraph of the order of this Court entered August 31, 2016, is hereby amended by deleting the date October 31, 2016, and inserting in its place the date December 30, 2016.
Entered: November 16, 2016
Frances E. Cafarell, Clerk