AXA Equit. Life Ins. Co. v Kalina
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AXA Equit. Life Ins. Co. v Kalina
2012 NY Slip Op 08929
Released on December 21, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Released on December 21, 2012
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., CENTRA, VALENTINO, WHALEN, AND MARTOCHE, JJ.
1296 CA 12-00939
[*1]AXA EQUITABLE LIFE INSURANCE COMPANY, AXA NETWORK, LLC AND AXA ADVISORS, LLC, PLAINTIFFS-RESPONDENTS,
v
RICHARD KALINA, PATRICK LYNCH, CARL DATTELLAS, GARY CRONISER, WILLIAM ZAIKA, CHRISTOPHER KEEGAN AND DIVERSIFIED WEALTH STRATEGIES, LLC, DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)
Appeal from an order of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered February 29, 2012. The order, among other things, denied the motion of defendants for leave to reargue and granted the cross motion of plaintiffs to compel discovery.
PADUANO & WEINTRAUB, NEW YORK CITY (LEONARD WEINTRAUB OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
HANCOCK ESTABROOK, LLP, SYRACUSE (JOHN T. MCCANN OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
It is hereby ORDERED that said appeal from the order insofar as it denied leave to reargue is unanimously dismissed and the order is modified on the law by denying the cross motion and as modified the order is affirmed without costs.
Released on December 21, 2012
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., CENTRA, VALENTINO, WHALEN, AND MARTOCHE, JJ.
1296 CA 12-00939
[*1]AXA EQUITABLE LIFE INSURANCE COMPANY, AXA NETWORK, LLC AND AXA ADVISORS, LLC, PLAINTIFFS-RESPONDENTS,
v
RICHARD KALINA, PATRICK LYNCH, CARL DATTELLAS, GARY CRONISER, WILLIAM ZAIKA, CHRISTOPHER KEEGAN AND DIVERSIFIED WEALTH STRATEGIES, LLC, DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)
Appeal from an order of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered February 29, 2012. The order, among other things, denied the motion of defendants for leave to reargue and granted the cross motion of plaintiffs to compel discovery.
PADUANO & WEINTRAUB, NEW YORK CITY (LEONARD WEINTRAUB OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
HANCOCK ESTABROOK, LLP, SYRACUSE (JOHN T. MCCANN OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
It is hereby ORDERED that said appeal from the order insofar as it denied leave to reargue is unanimously dismissed and the order is modified on the law by denying the cross motion and as modified the order is affirmed without costs.
Same Memorandum as in AXA Equit. Life Ins. Co. v Kalina ([appeal No. 1] ___ AD3d ___ [Dec. 21, 2012]).
Entered: December 21, 2012
Frances E. Cafarell
Clerk of the Court
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