A state appellate court ruled against bankruptcy trustee and fiduciary Barry Mukamal in his suit against his former firm, Marcum LLP, and chairman and CEO Jeffrey Weiner.

The court compelled arbitration of Mukamal's claims of a $5 million fraud at his former firm, ordering him to abide by the arbitration contract in his partnership agreement.

Mukamal was a partner from 1997 at defunct accounting firm Rachlin LLP, which merged with New York-based Marcum in 2009. His partnership agreements with Marcum required signatories to settle all disputes via final and binding arbitration in New York's Nassau County. He also signed a rider or attachment that covered compensation, benefits, share distribution, termination and other provisions. That rider also required arbitration.