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Axa Equitable Life Insurance Company, Axa Network, LLC and Axa Advisors, LLC v. Richard Kalina

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


December 21, 2012

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.

AXA Equit. Life Ins. Co. v Kalina

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

PRESENT: SCUDDER, P.J., CENTRA, VALENTINO, WHALEN, AND MARTOCHE, JJ.

The order, among other things, denied the motion of defendants for leave to reargue and granted the cross motion of plaintiffs to compel discovery.

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

20121221

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