FS KIDS, LLC v. COMPENSATION RISK MANAGERS, LLC ( 2011 )

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 609 CA 10-01807 PRESENT: SCUDDER, P.J., FAHEY, CARNI, GREEN, AND GORSKI, JJ. FS KIDS, LLC, DOING BUSINESS AS BUDWEY’S FOOD MARKET, MASK FOODS, INC., VALU HOME CENTERS, INC., KBLM FOODS, INC., DOING BUSINESS AS BLASDELL JUBILEE, KDJB FOODS, INC., DOING BUSINESS AS SAVE-A-LOT ORDER LACKAWANNA, GAIGE & SON GROCERY, INC., DOING BUSINESS AS CORNING JUBILEE, TJ’S MARKET, INC., DOING BUSINESS AS HORSEHEADS JUBILEE, BB&T SUPERMARKETS INC., DOING BUSINESS AS ATTICA JUBILEE, BNR-LARSON, LLC, DOING BUSINESS AS CORFU IGA, AND GIFT EXPRESS OF NEW YORK, INC., DOING BUSINESS AS THE MARKET IN THE SQUARE, ON THEIR OWN BEHALF AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED AS THEY, AS FORMER EMPLOYEE MEMBERS/PARTICIPANTS IN THE WHOLESALE AND RETAIL WORKERS’ COMPENSATION TRUST OF NEW YORK, PLAINTIFFS-APPELLANTS, V COMPENSATION RISK MANAGERS, LLC, DEFENDANT-RESPONDENT. PHILLIPS LYTLE LLP, BUFFALO (KENNETH A. MANNING OF COUNSEL), FOR PLAINTIFFS-APPELLANTS. CONNORS & VILARDO, LLP, BUFFALO (ERIC M. SOEHNLEIN OF COUNSEL), FOR DEFENDANT-RESPONDENT. Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered August 4, 2009 in a breach of contract action. The order, among other things, denied plaintiffs’ motion to supplement the record. Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on March 30, 2011, It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation. Entered: April 29, 2011 Patricia L. Morgan Clerk of the Court