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For April 5, 2019 through April 11, 2019 , the following preliminary appeal statements were filed:

BLOCH v CITY OF NEW YORK (2019 NY Slip Op 62341[U]):
2nd Dept. App. Div. order of 2/6/19; denial of motion; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right and whether any jurisdictional basis exists for an appeal as of right; Appeal-- Appellate Division--Late Notice of Appeal; App. Div. denied branch of plaintiff's motion which was for, in effect, leave to file a late notice of appeal, and otherwise denied plaintiff's motion as academic.

BRITO v GOMEZ (168 AD3d 1):
1st Dept. App. Div. order of 11/27/18; affirmance with dissents; leave to appeal granted by App. Div., 3/19/19; Rule 500.11 review pending; Disclosure--Scope of Disclosure--Whether plaintiff in personal injury action who makes a claim for lost earnings and loss of enjoyment of life waives the physician-patient privilege only with respect to personal injuries affirmatively placed in controversy, and not with respect to prior injuries not raised in the lawsuit; plaintiff's bill of particulars alleged injuries only to her cervical spine, lumbar spine, and left shoulder, but defendants sought discovery relating to prior knee injuries; Supreme Court, Bronx County, denied defendants' motion to strike the note of issue and to compel plaintiff to provide discovery relating to prior medical treatment of her knees; App. Div. affirmed.

HSBC BANK USA v LUGO (169 AD3d 543):
1st Dept. App. Div. order of 2/21/19; modification; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution; Pleading--Answer--Whether Supreme Court properly denied defendant's motion to compel acceptance of an untimely answer; Supreme Court, Bronx County, denied defendant's motion to dismiss the complaint and granted plaintiff's cross motion for leave to reply to defendant's counterclaims; App. Div. modified to grant the motion to compel plaintiff to accept defendant's untimely answer, and otherwise affirmed.

LAU v HUMAN RESOURCES ADMINISTRATION (168 AD3d 565):
1st Dept. App. Div. order of 1/22/19; affirmance; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; Pleading--Amendment--Whether Supreme Court properly denied plaintiff's motion to submit a third amended complaint--plaintiff sought consequential damages based on temporary suspension of Supplemental Nutrition Assistance Program benefits; alleged due process violation; Supreme Court, New York County, denied plaintiff's motion for leave to submit a third amended complaint; App. Div. affirmed.

NATIONAL FUEL GAS DISTRIBUTION CORPORATION, MATTER OF v PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK (169 AD3d 1334):
3rd Dept. App. Div. order of 2/28/19; confirmation of determination; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Public Utilities--Rate Making--Public Service Commission-- Challenge to the Earnings Sharing Mechanism imposed by respondent in its rate making process for a utility providing gas distribution services in New York and Pennsylvania--challenge to the overall determination as unsupported by substantial evidence-- challenge to the Commission's use of inconsistent methodologies to set depreciation expense as arbitrary, capricious and unsupported by substantial evidence; Supreme Court, Albany County, transferred the proceeding to the Appellate Division; App. Div. confirmed respondents' determination establishing petitioner's rates for gas service, and dismissed the petition.

SALINAS v WORLD HOUSEWARES PRODUCING CO. LTD. (166 AD3d 493):
1st Dept. App. Div. order of 11/20/18; affirmance; leave to appeal granted by Court of Appeals, 3/26/19; Rule 500.11 review pending; Negligence--Products Liability--Whether plaintiff raised a triable issue of fact as to whether a potholder manufactured, distributed and sold by defendants was a proximate cause of burn injuries in an accident involving a home oven; summary judgment--expert affidavits; Supreme Court, New York County, granted defendants' motion for summary judgment dismissing the complaint; App. Div. affirmed.

MATTER OF SAVITT, A SUSPENDED ATTORNEY (170 AD3d 24):
1st Dept. App. Div. order of 2/21/19; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Attorney and Client--Disciplinary Proceedings--Order suspending attorney from the practice of law for a period of three years; alleged due process violations; App. Div. suspended appellant from the practice of law for a period of three years, nunc pro tunc to 4/26/18.

SHAWE v ELTING (169 AD3d 601):
1st Dept. App. Div. order of 2/26/19; reversal; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Estoppel--Collateral Estoppel--Whether defendant was collaterally estopped from re-litigating issues raised in action litigated in Delaware Court of Chancery-- Disclosure--whether Appellate Division properly dismissed complaint pursuant to CPLR 3103(c) based on plaintiff's disclosure abuses; alleged violation of the Full Faith and Credit Clause of the United States Constitution; Supreme Court, New York County, denied defendant's motion to dismiss the action pursuant to CPLR 3103 and 3126; App. Div. reversed and dismissed the complaint with prejudice.

SIPP (DON P.), PEOPLE v (169 AD3d 1423):
4th Dept. App. Div. order of 2/1/19; affirmance with dissents; leave to appeal granted by Carni, J., 3/20/19; Rule 500.11 review pending; Crimes--Evidence-- Sufficiency of evidence that victim sustained "a serious physical injury"--failure of trial court to charge the jury on the lesser included offense of assault in the third degree; County Court, Seneca County, convicted defendant, upon a jury verdict, of assault in the second degree; App. Div. affirmed.

MATTER OF MARIAN T. (LAUREN R.) (166 AD3d 1370):
3rd Dept. App. Div. order of 11/21/18; affirmance; leave to appeal granted by Court of Appeals, 3/28/19; Adoption--Adoption of Adult--Whether Surrogates' Court had discretion to dispense with adult adoptee's consent in adoption proceeding; petitioners commenced proceeding to adopt 64-year-old woman with severe intellectual disabilities, who resided in petitioners' family care home; construction of Domestic Relations Law § 111(1)(a); Surrogate's Court, Otsego County, granted petitioner's application, in a proceeding pursuant to Domestic Relations Law article 7, for adoption of Marian T.

WHITE v PLEXOUSAKIS:
Supreme Court, Orange County, order of 12/13/18; denial of reargument; sua sponte examination of whether an appeal lies to the Court of Appeals in the first instance or whether the appeal should be transferred to the App. Div.; Motions and Orders-- Reargument or Renewal--Leave to reargue dismissal of medical malpractice action; Supreme Court denied plaintiff's motion for leave to reargue Supreme Court's 7/28/18 order granting defendant's motion for summary judgment dismissing the complaint.

For April 12, 2019 through April 18, 2019 , the following preliminary appeal statements were filed:

HAROUNIAN (JACQUELINE), MATTER OF v (2019 NY Slip Op 63870[U]):
2nd Dept. App. Div. order of 2/22/19; denial of motion; sua sponte examination whether (1) the order appealed from finally determines the proceeding within the meaning of the Constitution; (2) the proceeding has been rendered moot based on appellant's reinstatement; and (3) a substantial constitutional question is directly involved to support an appeal as of right; Attorney and Client--Disciplinary Proceedings--Denial of motion to vacate suspension order or to modify suspension order by imposing a lesser disciplinary sanction; alleged due process violation; App. Div. denied appellant's motion to vacate a 10/12/16 order of that Court suspending her from the practice of law for a period of one year, or, in the alternative, to modify the 10/12/16 order by imposing a lesser disciplinary sanction.

KEYSPAN GAS EAST v SUPERVISORS OF TOWN OF NORTH HEMPSTEAD (Index No. 8194/2010) (169 AD3d 659):
2nd Dept. App. Div. order 2/6/19; affirmance; sua sponte examination whether a substantial constitutional question exists to support an appeal as of right; Municipal Corporations--Garbage Disposal--Whether requirement that County of Nassau reimburse Town of North Hempstead for refunds of special ad valorem levies for garbage service on utility mass properties violates the gift and loan clause of the New York State Constitution; whether County was required to reimburse Town for prejudgment interest paid to plaintiff; Supreme Court, Nassau County, entered judgment in favor of the defendants third-party plaintiffs and against the third-party defendants in the principal sum of $1,118,124.58; App. Div. affirmed.

KEYSPAN GAS EAST v SUPERVISORS OF TOWN OF NORTH HEMPSTEAD (Index No. 7269/02) (169 AD3d 661):
2nd Dept. App. Div. order 2/6/19; affirmance; sua sponte examination whether a substantial constitutional question exists to support an appeal as of right; Municipal Corporations--Garbage Disposal--Whether requirement that County of Nassau reimburse Town of North Hempstead for refunds of special ad valorem levies for garbage service on utility properties violates the gift and loan clause of the New York State Constitution; Supreme Court, Nassau County, entered judgment in favor of the defendants third-party plaintiffs and against the third-party defendants in the principal sum of $2,486,923.80; App. Div. affirmed.

ROBERTS v CITY OF NEW YORK (— AD3d —, 2019 NY Slip Op 02177):
1st Dept. App. Div. order of 3/21/19; affirmance with dissents; Rule 500.11 review pending; Judgments--Summary Judgment--Whether plaintiff raised triable issues of fact sufficient to defeat summary judgment on claims alleging false arrest and imprisonment, and malicious prosecution; plaintiff arrested and prosecuted for murder for which he was acquitted; Supreme Court, Bronx County, granted defendants' motion for summary judgment dismissing plaintiff's claims for false arrest and imprisonment and malicious prosecution; App. Div. affirmed.

SHIEH (LIANG-HOUH), MATTER OF v (162 AD3d 1393):
3rd Dept. App. Div. order of 6/21/18; denial of motion; sua sponte examination whether (1) the June 21, 2018 Appellate Division order finally determines the proceeding within the meaning of the Constitution; (2) the January 31, 2019 letter of the Appellate Division is an appealable paper, and (3) a substantial constitutional question is directly involved to support an appeal as of right; Attorney and Client--Disciplinary Proceedings--Denial of motion to vacate disbarment order; App. Div. denied appellant's motion for, among other things, an order vacating his 1997 disbarment.

VERIZON NEW YORK v SUPERVISORS OF TOWN OF NORTH HEMPSTEAD (169 AD3d 740):
2nd Dept. App. Div. order of 2/6/19; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Municipal Corporations--Garbage Disposal--Whether requirement that County of Nassau reimburse Town of North Hempstead for refunds of special ad valorem levies for garbage service on utility mass properties violates the gift and loan clause of the New York State Constitution; whether County was required to reimburse Town for prejudgment interest paid to plaintiff; Supreme Court, Nassau County, entered judgment in favor of the defendants third-party plaintiffs and against the third-party defendants in the principal sum of $1,550.174.15; App. Div. affirmed.