| 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 69091(U) |
| Decided on March 27, 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.) |
Respondents Unimin Corporation and Unimin Specialty Minerals, Inc. having moved and U.S. Silica Company having cross-moved for an extensions of time to file and serve briefs on 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 Scott M. Philbin, Esq., dated March 13, 2017, the affirmation of Lynn D. Gates, Esq., dated March 17, 2017, the notice of motion with proof of service thereof, and the affirmation of William A. Quinlan, Esq., dated March 21, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion and cross motion are granted with respect to Unimin Corporation, Unimin Specialty Minerals, Inc., and U.S. Silica Company, on the condition that the briefs are filed and served on or before June 2, 2017, and the Clerk is directed to accept the briefs for filing, and
It is further ORDERED that reply briefs with respect to Unimin Corporation, Unimin Specialty Minerals, Inc., and U.S. Silica Company, if any, shall be filed and served on or before June 19, 2017.
Entered: March 27, 2017
Frances E. Cafarell, Clerk