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 17, 2017

2017 N.Y. Slip Op. 61459 (N.Y. App. Div. 2017)

Opinion

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

01-17-2017

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.)

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

PRESENT:

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