Appeal from a judgment of the Supreme Court (Zwack, J.), entered August 7, 2020 in Albany County, which dismissed petitioners' applications
[NAIFA] - That same day, petitioner National Association of Insurance and Financial Advisors – New York State, Inc. (hereinafter NAIFA) commenced a combined CPLR article 78 proceeding and declaratory judgment action in New York County seeking similar relief. 4 NAIFA thereafter filed an amended petition adding an additional petitioner (hereinafter the NAIFA petition). The Independent petitioners moved to consolidate the two matters and, while this motion was pending, respondents answered the NAIFA petition and sought dismissal of same on the merits. Supreme Court granted the Independent petitioners' motion5 and respondents answered the petition of the Independent petitioners, asserting the same grounds for dismissal as set forth in response to the NAIFA petition.
On August 7, 2020, Supreme Court issued a judgment dismissing both petitions on the merits.