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Llord Byron Brooks, Iii, Frank Flay, Richard S. Laing, Jr. and Frank Wickins, Plaintiffs-Appellants-Respondents v. Axa Advisors

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


March 15, 2013

LLORD BYRON BROOKS, III, FRANK FLAY, RICHARD S. LAING, JR. AND FRANK WICKINS, PLAINTIFFS-APPELLANTS-RESPONDENTS,
v.
AXA ADVISORS, LLC AND RICHARD JEFFREY JEROME, DEFENDANTS-RESPONDENTS-APPELLANTS. (APPEAL NO. 1.)

Appeal and cross appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), dated September 1, 2011.

Brooks v AXA Advisors, LLC

Released on March 15, 2013

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.

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, WHALEN, AND MARTOCHE, JJ.

The order granted in part the motion of defendants to dismiss the complaint.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Same Memorandum as in Brooks v AXA Advisors, LLC ([appeal No. 2] ___ AD3d ___ [Mar. 15, 2013]).

Entered: March 15, 2013

Frances E. Cafarell Clerk of the Court

20130315

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