Exhibit,Appendix: In the Matter of the Application of NEW YORK STATE WORKERS’ COMPENSATION BOARD, in its capacity as the governmental entity charged with the administration of the Workers’ Compensation Law and attendant regulations, and in its capacity as successor in interest to the WHOLESALE RETAIL WORKERS’ COMPENSATION TRUST OF NEW YORK, Petitioner, for an order, pursuant to CPLR § 7701, seeking approval of proposed settlement.

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                                FILED: ALBANY COUNTY CLERK 03/14/2024 01:58 PM                                                      INDEX NO. 902565-24
NYSCEF DOC. NO. 13                                                                       RECEIVED NYSCEF: 03/14/2024




                                          NOTICE OF SETTLEMENT
                        ***Please read this Notice Carefully; Your rights may be affected ***

           NEW YORK STATE WORKERS’ COMPENSATION BOARD, et al. v. 1472 BOSTON
                                    ROAD FOOD CORP., et al.
                (New York State Supreme Court, Albany County, Index No. 902900-13)

          TO: All former member-employers of the Wholesale Retail Workers’ Compensation Trust of
          New York (“WRWCT”) who receive this Notice of Settlement (“Notice Parties”) relative to the
          above-referenced litigation.

          PURPOSE OF THIS NOTICE: This Notice of Settlement is intended to provide its recipients
          with notice that the New York State Workers’ Compensation Board (the “Board”) has filed a
          special proceeding pursuant to Article 77 of the New York Civil Practice Law & Rules (the
          “Article 77 Proceeding”), wherein the Board seeks, among other things, an Order:

                (i)        Determining that WRWCT is an express trust within the meaning of the
                           New York Civil Practice Law & Rules § 7701;

                (ii)       Approving a settlement agreement entered into or to be entered into between
                           the Board and certain former members of WRWCT represented by John
                           Giardino Esq. (the Board and said defendants are collectively herein the
                           “Settling Parties”) in the action entitled, New York State Workers’
                           Compensation Board, et al. v. 1472 Boston Road Food Corp., et al. (New
                           York State Supreme Court, Albany County, Index No. 902900-13)
                           (“Collection Action”);

                (iii)      Declaring that the settlement agreement between the Settling Parties is final
                           and binding on all Notice Parties;

                (iv)       Declaring that any claims that the Notice Parties have or may have had
                           against the Settling Parties relative to the Notice Parties involvement in
                           WRWCT shall be deemed dismissed with prejudice and fully and finally
                           extinguished and satisfied;

                (v)        Permanently enjoining and forever prohibiting the Notice Parties from
                           asserting any future lawsuits, claims and/or legal proceedings against the
                           Settling Parties relative to Notice Parties’ respective involvement in
                           WRWCT or the settlement agreement(s) entered into between the Settling
                           Parties; and

                (vi)       Discontinuing the Collection Action in its entirety, as there will be no
                           remaining defendants in the Collection Action.




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FILED: ALBANY COUNTY CLERK 03/14/2024 01:58 PM                                                     INDEX NO. 902565-24
NYSCEF DOC. NO. 13                                                                      RECEIVED NYSCEF: 03/14/2024




               All of the legal papers filed by the Board in support of the Article 77 Proceeding,
          including a full and complete copy of the supporting Order to Show Cause, Verified Petition,
          and Memorandum of Law in Support of the Verified Petition can be found online at:

                               https://www.wcb.ny.gov/content/terminated-self-insured-
                            trusts/DocumentsToPrint/WRWCT_Trust/WRWCT_Trust.jsp

          RELEVANT BACKGROUND: WRWCT was a group self-insured trust that operated in New
          York beginning in approximately September of 1999. The Board assumed the administration of
          WRWCT due to the WRWCT’s poor financial condition in approximately April of 2008. The
          Board commenced the above referenced action in May 2013 seeking to recover the cumulative
          WRWCT deficit against certain former WRWCT members who did not previously settle with the
          Board. After a series of negotiations which occurred prior to a jury trial scheduled in December
          2023, certain former members represented by attorney John Giardino, Esq., agreed to waive certain
          rights they had, including potential cross-claims against the Notice Parties, in exchange for an
          offset against their settlement amount.

          PROCEDURES FOR OBJECTION: Anyone wishing to object to the Article 77 Proceeding,
          and the relief requested therein, must file and serve their opposition papers within twenty (20) days
          of being served with this Notice of Settlement, consistent with the instructions contained within
          the Court’s Order to Show Cause, which can be found on the dedicated website referenced above.
          After this date, any right to object to the relief requested in the Article 77 Proceeding shall be
          deemed waived, and any claims by any party noticed of this proceeding and their successors and
          assigns, against any of the Settled Parties shall be prohibited.

          FURTHER INFORMATION: If you have any questions concerning this Notice of Settlement,
          please contact John Giardino Esq. at (212) 326-0829 or at jgiardino@pryorcashman.com.




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