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, 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.)
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) and the cross appeal is dismissed without costs as abandoned (see Restey v. Higgins, 252 A.D.2d 954).
Patricia L. Morgan
Clerk of the Court