LACKAWANNA GAIGE SON GROCERY INC DOING BUSINESS AS CORNING JUBILEE TJ MARKET INC DOING BUSINESS AS HORSEHEADS JUBILEE BB 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 APPELLANTS v. COMPENSATION RISK MANAGERS LLC DEFENDANT RESPONDENT

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Supreme Court, Appellate Division, Fourth Department, New York.

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–APPELLANTS, v. COMPENSATION RISK MANAGERS, LLC, DEFENDANT–RESPONDENT.

CA 10–01807

Decided: April 29, 2011

PRESENT:  SCUDDER, P.J., FAHEY, CARNI, GREEN, AND GORSKI, JJ. PHILLIPS LYTLE LLP, BUFFALO (KENNETH A. MANNING OF COUNSEL), FOR PLAINTIFFS–APPELLANTS. CONNORS & VILARDO, LLP, BUFFALO (ERIC M. SOEHNLEIN OF COUNSEL), FOR DEFENDANT–RESPONDENT.

ORDER

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.

Patricia L. Morgan

Clerk of the Court