| 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: 2017 NY Slip Op 61459(U) |
| Decided on January 17, 2017 |
| 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 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.) (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 the dismissal of 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 (appeal No. 1), and 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 October 14, 2015 (appeal No. 2),
Now, upon reading and filing the affirmation and affidavit of William S. Quinlan, Esq., dated December 27, 2016, and sworn to December 27, 2016, the notice of motion with proof of service thereof, the affirmation of Scott M. Philbin, Esq., and Lynn D. Gates, Esq., dated January 5,2017, and the affirmation of Raul Martinez, Esq., dated January 10, 2017, 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 granted, on the condition that appellant perfects the appeal on or before February 28, 2017, 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 November 16, 2016, is hereby amended by deleting the date December 30, 2016, and inserting in its place the date February 28, 2017.
Memorandum: No further extensions of time to perfect appeal No. 2 will be granted to plaintiffs-appellants.
Entered: January 17, 2017
Frances E. Cafarell, Clerk