UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

FORM 8-K

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (Date of Earliest Event Reported): April 28, 2015

Registrant’s telephone number, including area code: (716) 278-0015

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

[  ]   Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

[  ]   Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

[  ]   Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

[  ]   Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Section 8 — Other Events

Item 8.01 Other Events

Dismissal of Class Action Lawsuit

On April 28, 2015, the court presiding over the previously reported class action lawsuit against the Company and Messrs. Bordynuik and Baldwin (both former officers of the Company) gave its final approval of the proposed settlement set forth in the previously reported stipulation agreement and dismissed the action.

As previously reported, on August 8, 2013, the Company entered into a stipulation agreement (the “Stipulation Agreement”) in potential settlement of the previously reported class action lawsuit filed by certain stockholders of the Company against the Company and Messrs. Bordynuik and Baldwin on behalf of a settlement class consisting of purchasers of the Company’s common stock during the period from August 28, 2009 through January 4, 2012. The terms of the Stipulation Agreement are summarized in the Company’s Current Report on Form 8-K, filed with the Securities and Exchange Commission on August 9, 2013. Thereafter, on December 18, 2014, the Court filed and entered its Order Preliminarily Approving Settlement and Providing for Notice of Proposed Settlement (the “Preliminary Approval Order”). In its Preliminary Approval Order the Court preliminarily approved the settlement set forth in the Stipulation Agreement, and scheduled a hearing on April 27, 2015, to determine whether to give final approval of the settlement, and enter judgment accordingly. On April 28, 2015, following said hearing, the Court filed its Final Judgment and Order of Dismissal with Prejudice, giving final approval of the settlement set forth in the Stipulation Agreement and dismissing the action.

Section 9 - Financial Statements and Exhibits

Item 9.01 Financial Statements and Exhibits.

NONE

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.