PRESENT: SCUDDER, P. J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 10-01068
DOCKET NO. CA 10-01069

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 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; AND 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 SIMIILARLY SITUATED AS THEY, AS FORMER EMPLOYEE MEMBERS/PARTICIPANTS IN THE WHOLESALE AND RETAIL WORKERS' COMPENSATION TRUST OF NEW YORK, PLAINTIFFS-RESPONDENTS, V COMPENSATION RISK MANAGERS, LLC, DEFENDANT-APPELLANT. (APPEAL NO. 1.) 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 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; AND 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 SIMIILARLY SITUATED AS THEY, AS FORMER EMPLOYEE MEMBERS/PARTICIPANTS IN THE WHOLESALE AND RETAIL WORKERS' COMPENSATION TRUST OF NEW YORK, PLAINTIFFS-RESPONDENTS, V COMPENSATION RISK MANAGERS, LLC, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

Appellant having moved to consolidate and for an extension of time to perfect the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 4, 2009 (Appeal No. 1) and April 14, 2010 (Appeal No. 2)

Now, upon reading and filing the affidavit of Eric M. Soehnlein, Esq. sworn to May 7, 2010, the notice of motion with proof of service thereof, the statement of Kenneth A. Manning, Esq. dated May 25, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appeals from the orders entered August 4, 2009 and April 14, 2010 are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the consolidated appeals is granted and appellant shall perfect the appeals on or before July 30, 2010 and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.

Entered: June 14, 2010

Patricia L. Morgan, Clerk