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

DOCKET NOS. CA 10-01068 AND 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 SIMILARLY 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.

Appellant having moved 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 July 14, 2010, the notice of motion with proof of service thereof, the affidavit of Steven E. Laprade, Esq. sworn to July 30, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the ordering paragraph of the order of this Court entered June 14, 2010 is hereby amended by deleting the date July 30, 2010 and inserting in its place the date November 3, 2010.

Entered: August 4, 2010

Patricia L. Morgan, Clerk