Merrill Lynch v Financial Indus. Regulatory Auth. Inc.

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Merrill Lynch v Financial Indus. Regulatory Auth. Inc. 2020 NY Slip Op 34137(U) December 10, 2020 Supreme Court, New York County Docket Number: 652932/2020 Judge: Carol R. Edmead Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [*FILED: 1] NEW YORK COUNTY CLERK 12/10/2020 04:56 PM INDEX NO. 652932/2020 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/10/2020 At of the for York, 10th 60 New in and at the York, Centre Street, on the York, December of day held York, Court, Court Supreme New of County Supreme of the of New State the New 35 __ Part IAS , 2020. PRESENT: CAROL R. EDMEAD HON: JUSTICE. SUPREME COURT OF THE STATE NEW YORK OF COUNTY OF NEW YORK ----------------------------- X : MERRILL LYNCH, & SMITH FENNER PIERCE, : INC., : Petitioner, 652932/2020 : Index : MS #001 No. AND DECISION : ORDER : V. : : FINANCIAL INDUSTRY AUTHORITY INC. REGULATORY : : (FINRA), : Nominal Respondent. : : : ----------------------------Petitioner by its Bressler, to confirm the Inc. Authority, Inc. Merrill attorneys, 7510 and X Lynch, Pierce, Amery & Arbitrator's D. Robert Ross, FINRA Norton, & has P.C., Smith Tomas Dispute ("Petitioner" Inc. for applied duly in an arbitration Award captioned ("FINRA"), Fenner the before Fernandez v. Merrill Financial Lynch, Arbitration Resolution or an Order "Merrill to CPLR Industry Regulatory & Fenner Pierce, 18-03454 No. Lynch"), pursuant (the § Smith "FINRA Arbitration"). Upon to Confirm with Esq., Panel's and letters an dated E. A, (the May Award B and "Award") Cote's 20, the filing Arbitration Exhibits Award Dawn and reading Central 2020, following Pursuant C annexed recommending Registration waiving the papers to submitted CPLR Depository of this ("CRD") under 1 2 of 5 FINRA Court, matter of Rule of the from registration the including Affirmation a copy include expungement obligation the §7510, which thereto, to the Kevin FINRA Robert records 2080 to name Petition P. Shea, Arbitration D. Norton's and FINRA's FINRA as a [*FILED: 2] NEW YORK COUNTY CLERK 12/10/2020 04:56 PM INDEX NO. 652932/2020 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/10/2020 in this party deliberation and proceeding been having upon NOW, application said had on come regularly to be heard, after and due thereon, application the having of Bressler, & Amery Ross, for attorneys P.C., it is Petitioner, hereby ORDERED Award the After has in that FINRA the Petition the Arbitration is granted hereby portion and expungement, recommending that to solely of the Arbitrator's consistent is confirmed with below: the considering decided 1. in and The Arbitrator final captioned a. of the recommends evidence issues the presented for submitted at the of all expungement the hearing, determination Arbitrator as follows: references above- to the arbitration: number for CRD, for CRD, with the Unless party obtain the CRD waived specifically confirmation of FINRA Elizabeth pursuant Norton and an arbitration as an additional to the in Notice maintained to of competent by 2318074), Members party 04-16, Elizabeth Cole jurisdiction directive. parties FINRA, FINRA serve judicial seeking relief expungement containing and by and (CRD# Dawn a court by award party records expungement writing maintained 5938954); Cote unnamed from execute (CRD# registration confirmation will records Norton from that, D. registration D. Dawn 2002352, unnamed Robert must (sic) before Robert understanding Respondent from 2002305 Respondent number occurrence the name and testimony resolution occurrence the b. the pleadings, full with all must appropriate documents. Number Occurrence Pursuant to Rule Arbitrator has The Rule made to Rule 2080 clearly of Arbitration Code Rule following allegation, 2002352 12805 affirmative The The the of the Norton or 2080 Procedure affirmative information is findings factually the ("Code"), of fact: impossible or erroneous. Number Occurrence Pursuant 12805 claim, clearly for 2002305 claim, of the findings allegation, for Cote the Code, of Arbitrator has or information is erroneous. claim, allegation, made the following fact: or information 2 3 of 5 is false. factually impossible or [*FILED: 3] NEW YORK COUNTY CLERK 12/10/2020 04:56 PM INDEX NO. 652932/2020 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/10/2020 The Arbitrator made the above Rule 2080 findings on based the reasons: following For has both Occurrence Numbers upon Based the way by Norton In their suitable and Claimant least allegations in to his original met with prove Petition the not are this for in supported It matter. is clearly against allegations explaining numerous that face-to-face either other to proceed Lynch. clearly regards complaint to Cote, also involved the due she forwarded investigation That conclusion and procedures are was in factually or than concerns. submitted are with provided more a year, Claimant application his that affirmatively approximately her or factually in $580,000 to impossible or address the Norton impossible properly Claimant's and and past. Once she concluded to Merrill department at the all followed with same or clearly which As an Lynch's conclusion Thus, erroneous using she her its as did rules, the and had own corporate conducted appropriate Claimant. As complaint, trained, complaint false. complaint. the been arrived dealings 4 of 5 clearly erroneous investigated compliance and 3 to she had the the that failure received thoroughly The his was responded allegations of in which times independent allegations Cote diligence department. and impossible Cote compliance wired allegations numerous investigation, again he he On at Cote factually supervisor, of claims for when at with spoke in person. had questions any also before supervisor, experienced exercised the 2002352 are He just Thus, Number raise investment paperwork. ancillary wanted methods to the investment times Claimant with provided Norton Claimant investment. was regarding that to five meetings, opportunities, he understood four met They the and indicated clearly a year. Norton information investment presented these materials erroneous. the the evidence Claimant than more Merrill In and admitted in and hearing Norton appropriate of two stated for evidence for written Occurrence claims discussions, The Claimant and at the presented the 2002305 initial issue. he 2002352 and or Cote. Number and of any for impossible Occurrence evidence Claimant's Expungement, any 2002305 policies, claims false. own Cote. and [*FILED: 4] NEW YORK COUNTY CLERK 12/10/2020 04:56 PM INDEX NO. 652932/2020 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/10/2020 ORDERED 2002305 be 5938954), CRD that from expunged and registration that the all records Award the references of Dawn is confirmed FINRA to CRD and registration Number Occurrence E. Cote that (CRD# all references records 2002352 of be to Robert expunged Number Occurrence D. Norton from (CRD# the FINRA 2318074). Enter, , J.S.C. 4 5 of 5

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