FS Kids, LLC v Compensation Risk Mgrs., LLC
2011 NY Slip Op 03477 [83 AD3d 1589]
April 29, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 8, 2011


FS Kids, LLC, Doing Business as Budwey's Food Market, et al., on 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, Appellants, v Compensation Risk Managers, LLC, Respondent.

—[*1] Phillips Lytle LLP, Buffalo (Kenneth A. Manning of counsel), for plaintiffs-appellants.

Connors & Vilardo, LLP, Buffalo (Eric M. Soehnlein of counsel), for defendant-respondent.

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, denied plaintiffs' motion to supplement the record.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on March 30, 2011,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Scudder, P.J., Fahey, Carni, Green and Gorski, JJ.