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

DOCKET NO. CA 10-01068
DOCKET NO. CA 10-01069
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-RESPONDENTS, V COMPENSATION RISK MANAGERS, LLC, DEFENDANT-APPELLANT. (APPEAL NO. 2.) 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 consolidate their appeal (Appeal No. 3) taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 4, 2009, which, inter alia, denied plaintiffs' motion to supplement the record, with Appeal No. 1 and Appeal No. 2,

Now, upon reading and filing the affidavit of Craig R. Bucki, Esq. sworn to November 12, 2010, the notice of motion with proof of service thereof, and the affirmation of Christopher B. Hitchcock, Esq. dated November 18, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: November 29, 2010

Patricia L. Morgan, Clerk