AHERN, CAROL A. v. SIROTA, RONALD H.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CA 10-02263 PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

CAROL A. AHERN, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF DONNA RUBACHA, DECEASED, PLAINTIFF-RESPONDENT, V ORDER RONALD H. SIROTA, INDIVIDUALLY AND DOING BUSINESS AS STRATEGIC FINANCIAL PLANNING, STRATEGIC FINANCIAL PLANNING, INC., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS.

SICHENZIA ROSS FRIEDMAN FERENCE LLP, NEW YORK CITY (CHRISTOPHER P. MILAZZO OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

CARROLL & CARROLL LAWYERS, P.C., SYRACUSE (JOHN BENJAMIN CARROLL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered August 10, 2010. The order, insofar as appealed from, denied the motion of defendants Ronald H.

Sirota, individually and doing business as Strategic Financial Planning, and Strategic Financial Planning, Inc. to compel arbitration and dismiss the first amended complaint.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Entered: March 25, 2011 Patricia L. Morgan Clerk of the Court