Rickicki v. Borden Chem. Div. of Borden

Full title: PATRICIA A. RICKICKI AND PATRICIA A. RICKICKI AS EXECUTRIX OF THE ESTATE…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Jan 12, 2016

2016 N.Y. Slip Op. 61316 (N.Y. App. Div. 2016)

Opinion

DOCKET NO. CA 15-02155 DOCKET NO. CA 15-02156

01-12-2016

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. (ACTION NO. 1.) MICHAEL C. CROWLEY AND SHARON M. CROWLEY, PLAINTIFFS-APPELLANTS, v. C-E MINERALS, INC., ET AL., DEFENDANTS, UNIMIN CORPORATION, UNIMIN SPECIATLY 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.)

WHALEN, P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.

PRESENT:

Appellants having moved to consolidate 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 William A. Quinlan, Esq., sworn to December 28, 2015, the notice of motion with proof of service thereof, and the affirmation of Scott M. Philbin, Esq., dated January 7, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeals from the orders entered March 26, 2015, and October 14, 215, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: January 12, 2016

Frances E. Cafarell, Clerk