Opinion
DOCKET NO. CA 15-02155 DOCKET NO. CA 15-02156
03-27-2017
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.)
PRESENT: WHALEN, P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.
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 is granted 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, if any, shall be filed and served on or before June 19, 2017.
Entered: March 27, 2017
Frances E. Cafarell, Clerk