AXA EQUITABLE LIFE INSURANCE COMPAN v. KALINA, RICHARD

SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
1296
CA 12-00939
PRESENT: SCUDDER, P.J., CENTRA, VALENTINO, WHALEN, AND MARTOCHE, JJ.

AXA EQUITABLE LIFE INSURANCE COMPANY, AXA
NETWORK, LLC AND AXA ADVISORS, LLC,
PLAINTIFFS-RESPONDENTS,

V MEMORANDUM AND ORDER

RICHARD KALINA, PATRICK LYNCH, CARL DATTELLAS,
GARY CRONISER, WILLIAM ZAIKA, CHRISTOPHER KEEGAN
AND DIVERSIFIED WEALTH STRATEGIES, LLC,
DEFENDANTS-APPELLANTS.
(APPEAL NO. 2.)

PADUANO & WEINTRAUB, NEW YORK CITY (LEONARD WEINTRAUB OF COUNSEL), FOR
DEFENDANTS-APPELLANTS.

HANCOCK ESTABROOK, LLP, SYRACUSE (JOHN T. MCCANN OF COUNSEL), FOR
PLAINTIFFS-RESPONDENTS.

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.

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