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

DOCKET NO. CA 10-01068
DOCKET NO. CA 10-01807

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-APPELLANTS, V COMPENSATION RISK MANAGERS, LLC, DEFENDANT-APPELLANT-RESPONDENT. (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 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. (APPEAL NO. 3.)

Plaintiffs having moved to vacate the dismissal of the cross appeal (Docket No. CA 10-01068) and the appeal (denominated cross appeal) (Docket No. CA 10-01807) both taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 4, 2009, and for an extension of time to perfect plaintiffs' cross appeal and appeal,

Now, upon reading and filing the affidavit of Kenneth A. Manning, Esq. sworn to August 20, 2010, the notice of motion with proof of service thereof, the affidavit of Vincent E. Doyle, III, Esq. sworn to August 20, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the dismissal of plaintiffs' cross appeal and appeal taken herein from the orders entered August 4, 2009 is vacated on the condition that plaintiffs perfect their cross appeal and appeal on or before December 3, 2010.

Entered: September 7, 2010

Patricia L. Morgan, Clerk