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 70281(U)
Decided on April 10, 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.


April 10, 2017

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.)


Respondent Dexter-Hysol, Inc. having moved for an extension of time to file and serve a brief 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 affidavit of Ann M. Campbell, Esq., sworn to March 23, 2017, the notice of motion with proof of service thereof, and the affirmation of William A. Quinlan, Esq., dated March 22, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted with respect to Dexter-Hysol, Inc., on the condition that the brief is filed and served on or before June 2, 2017, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs with respect to Dexter-Hysol, Inc., if any, shall be filed and served on or before June 19, 2017.

Entered: April 10, 2017

Frances E. Cafarell, Clerk