FS Kids, LLC v Compensation Risk Mgrs., LLC
2011 NY Slip Op 02195 [82 AD3d 1630]
March 25, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 11, 2011


FS Kids, LLC, Doing Business as Budwey's Food Market, et al., on Behalf of Themselves and All Others Similarly Situated as Former Employee Members/Participants in the Wholesale and Retail Workers' Compensation Trust of New York, Respondents-Appellants,
v
Compensation Risk Managers, LLC, Appellant-Respondent. (Appeal No. 1.)

—[*1] Hitchcock & Cummings, LLP, New York City (Christopher B. Hitchcock of counsel) and Connors & Vilardo, LLP, Buffalo, for defendant-appellant-respondent.

Phillips Lytle LLP, Buffalo (Kenneth A. Manning of counsel), for plaintiffs-respondents-appellants.

Appeal and cross 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, granted in part defendant's motion to dismiss plaintiffs' supplemental and amended complaint.

It is hereby ordered that said appeal is unanimously dismissed without costs as moot (see Baker v 16 Sutton Place Apt. Corp., 2 AD3d 119, 120 [2003]) and the cross appeal is dismissed without costs as abandoned (see Restey v Higgins, 252 AD2d 954 [1998]). Present—Scudder, P.J., Fahey, Carni, Green and Gorski, JJ.