AXA Equit. Life Ins. Co. v Kalina

AXA Equit. Life Ins. Co. v Kalina 2012 NY Slip Op 08930 Released on December 21, 2012 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 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.
1297 CA 12-00976

[*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. 3.)


Appeal from an order of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered April 6, 2012. The order, among other things, denied the motion of defendants for a protective order, granted the cross motion of plaintiffs to compel discovery and stayed the pending arbitration.


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 the order so appealed from is unanimously reversed on the law without costs, the cross motion is denied and the stay is vacated.

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