Opinion
DOCKET NO. CA 15-02155 DOCKET NO. CA 15-02156
11-16-2016
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.)
PRESENT:
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