| AXA EQUITABLE LIFE INSURANCE COMPANY, AXA NETWORK, LLC, AND AXA ADVISORS, LLC V RICHARD KALINA, PATRICK LYNCH, CARL |
| Motion No: CA 12-00938 |
| Slip Opinion No: 2012 NY Slip Op 75495(U) |
| Decided on June 6, 2012 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-00938
DOCKET NO. CA 12-00939
DOCKET NO. CA 12-00976
| 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. 1.) 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.) 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. 3.) |
Appellants having moved to consolidate the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on July 11, 2011 (appeal No. 1), February 29, 2012 (appeal No. 2), and April 6, 2012 (appeal No. 3), and having moved for an extension of time to perfect appeal No. 1,
Now, upon reading and filing the affirmation of Willard Knox, Esq., dated May 22, 2012, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to consolidate the appeals is granted and the appeals from the orders entered July 11, 2011, February 29, 2012, and April 6, 2012, are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 1 is granted and appellant shall perfect the appeal on or before July 5, 2012, and, in the event of failure to so perfect, appeal No. 1 is hereby dismissed without further order, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal Nos. 2 and 3 is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Entered: June 6, 2012
Frances E. Cafarell, Clerk