AXA EQUITABLE LIFE INSURANCE COMPANY AXA NETWORK LLC AND AXA ADVISORS LLC PLAINTIFFS RESPONDENTS v. APPEAL NO

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Supreme Court, Appellate Division, Fourth Department, New York.

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.)

CA 12–00939

Decided: December 21, 2012

PRESENT:  SCUDDER, P.J., CENTRA, VALENTINO, WHALEN, AND MARTOCHE, JJ. PADUANO & WEINTRAUB, NEW YORK CITY (LEONARD WEINTRAUB OF COUNSEL), FOR DEFENDANTS–APPELLANTS. HANCOCK ESTABROOK, LLP, SYRACUSE (JOHN T. MCCANN OF COUNSEL), FOR PLAINTIFFS–RESPONDENTS.

MEMORANDUM AND ORDER

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] ).

Frances E. Cafarell

Clerk of the Court