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For January 11, 2013 through January 17, 2013, the following preliminary appeal statements were filed:

BARONE (VINCENT), PEOPLE v (101 AD3d 585):
1st Dept. App. Div. order of 12/27/12; modification; leave to appeal granted by Catterson, J., 12/28/12; CRIMES - EVIDENCE - WHETHER EVIDENCE ADMITTED REGARDING THE ENTERPRISE CORRUPTION COUNT WHICH SHOULD NOT HAVE BEEN CHARGED UNDULY PREJUDICED DEFENDANT REGARDING REMAINING CHARGES; SUFFICIENCY OF EVIDENCE TO SUPPORT DEFENDANT'S CONVICTION ON SCHEME TO DEFRAUD AND OFFERING A FALSE INSTRUMENT FOR FILING CHARGES; CLAIMED ERROR REGARDING JURY NOTE; CLAIMED DUE PROCESS VIOLATION IN TRIAL COURT'S DISRUPTING COMMENTS AND BOLSTERING OF PEOPLE'S CASE; Supreme Court, New York County convicted defendant, after a jury trial, of enterprise corruption, attempted grand larceny in the third degree, two counts of scheme to defraud in the first degree and nine counts of offering a false instrument for filing in the first degree, and sentenced him to an aggregate term of 5 1/3 to 16 years; App. Div. modified by vacating the conviction for enterprise corruption and modified the remaining sentences to run concurrently, thereby reducing the aggregate term to 16 months to 4 years.

BYRD, A SUSPENDED ATTORNEY, MATTER OF (102 AD3d 90):
2nd Dept. App. Div. order of 11/7/12; disbarment; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; ATTORNEY AND CLIENT - DISCIPLINARY PROCEEDINGS - DISBARMENT - RECIPROCAL PUNISHMENT - CLAIMED VIOLATION OF DUE PROCESS AND OTHER RIGHTS; App. Div., among other things, granted petitioner Grievance Committee's motion to confirm the Special Referee's report and disbarred respondent Byrd.

WILLIAM J. JENACK ESTATE APPRAISERS & AUCTIONEERS, INC. v RABIZADEH (99 AD3d 270):
2nd Dept. App. Div. order of 9/19/12; reversal; leave to appeal granted by Court of Appeals, 1/10/13; CONTRACTS - FORMATION OF CONTRACT - WHETHER NOTATIONS MADE BY PLAINTIFF AUCTION HOUSE CONTEMPORANEOUSLY WITH BIDDING ON AN ITEM, WHICH REFERRED TO DEFENDANT BIDDER AND THE CONSIGNOR OF AN AUCTIONED ANTIQUE BY NUMBER ONLY, CONSTITUTED A MEMORANDUM OF SALE SATISFYING THE STATUTE OF FRAUDS; Supreme Court, Orange County, in an 11/16/09 order, denied defendant's motion for summary judgment and granted plaintiff's cross motion for summary judgment on the issue of liability and entered a 1/12/10 interlocutory judgment in favor of plaintiff and against defendant as to liability; Supreme Court, in an 8/3/10 judgment, after a nonjury trial on damages, awarded plaintiff $497,398 while crediting defendant $95,000 pursuant to UCC § 2-709; App. Div. reversed, granted defendant's motion for summary judgment dismissing the complaint, denied plaintiff's cross motion for summary judgment on the issue of liability, modified the 11/16/09 order accordingly, vacated the 1/12/10 interlocutory judgment, and dismissed the complaint.

KANCHARLA (V. REDDY), PEOPLE v (101 AD3d 585):
1st Dept. App. Div. order of 12/27/12; modification; leave to appeal granted by Catterson, J., 12/28/12; CRIMES - EVIDENCE - WHETHER EVIDENCE ADMITTED REGARDING THE ENTERPRISE CORRUPTION COUNT WHICH SHOULD NOT HAVE BEEN CHARGED UNDULY PREJUDICED DEFENDANT REGARDING THE REMAINING CHARGES; SUFFICIENCY OF EVIDENCE TO SUPPORT DEFENDANT'S CONVICTION ON THE SCHEME TO DEFRAUD CHARGE RELATING TO STEEL INSPECTIONS; WHETHER THE TRIAL COURT ERRED IN EXCLUDING EVIDENCE OFFERED IN SUPPORT OF THE DEFENSE TO CHARGES RELATING TO MIX DESIGNS; Supreme Court, New York County convicted defendant, after a jury trial, of enterprise corruption, two counts of scheme to defraud in the first degree, nine counts of offering a false instrument for filing in the first degree and three counts of falsifying business records in the first degree, and sentenced him to an aggregate term of 7 to 21 years; App. Div. modified by vacating the convictions for enterprise corruption and offering a false instrument for filing under counts 12 and 13 as originally numbered in the indictment, and modifying the remaining sentences to run concurrently, thereby reducing the aggregate term to 16 months to 4 years.

SANDERS (EQUAN), PEOPLE v (99 AD3d 575):
1st Dept. App. Div. order of 10/18/12; affirmance; leave to appeal granted by Sweeny, Jr., J., 12/27/12; CRIMES - SENTENCE - SECOND FELONY OFFENDER - RESENTENCING FOR PURPOSES OF IMPOSING TERM OF POSTRELEASE SUPERVISION - IF RESENTENCING OCCURS AT THE REQUEST OF THE DIVISION OF PAROLE RATHER THAN THE DEFENDANT, WHETHER THE RESENTENCING OR ORIGINAL SENTENCING DATE CONTROLS FOR THE PURPOSES OF DETERMINING IF THE PRESENT CONVICTION MEETS THE SEQUENTIALITY REQUIREMENT FOR SENTENCING AS A PERSISTENT VIOLENT FELONY OFFENDER; Supreme Court, New York County convicted defendant, upon his guilty plea, of attempted criminal possession of a weapon in the second degree, and sentenced him, as a second violent felony offender, to a term of seven years; App. Div. affirmed.

WEBB-WEBER v COMMUNITY ACTION FOR HUMAN SERVICES, INC. (98 AD3d 923):
1st Dept. App. Div. order of 9/27/12; reversal; leave to appeal granted by Court of Appeals, 1/8/13; LABOR - WHISTLEBLOWER LAW - WHETHER A LABOR LAW § 740(2) CLAIM REQUIRES EMPLOYEES TO CITE IN THEIR PLEADINGS THE SPECIFIC LAW, RULE OR REGULATION THAT IS ALLEGEDLY VIOLATED BY THEIR EMPLOYER TO STATE A CAUSE OF ACTION; Supreme Court, Bronx County, among other things, denied defendants' motion to dismiss the first two causes of action against two of the defendants; App. Div. reversed, insofar as appealed from, and granted the motion to dismiss the first two causes of action as against the remaining two defendants for failure to state a cause of action, thus dismissing the complaint in its entirety.

For January 18, 2013 through January 24, 2013, the following preliminary appeal statements were filed:

ALF v BUFFALO NEWS, INC. (100 AD3d 1487):
4th Dept. App. Div. order of 11/16/12; affirmance with two-justice dissent; Rule 500.11 review pending; LIBEL AND SLANDER - FAIR COMMENT - NEWSPAPER ARTICLES - ABSOLUTE PRIVILEGE - CLAIMED DEFAMATION BY NEWSPAPER REPORTING ON SETTLEMENT BETWEEN COMPANY OWNED BY PLAINTIFF AND U.S. GOVERNMENT - WHETHER NEWSPAPER ARTICLES PUBLISHED BY DEFENDANT WERE SUBSTANTIALLY TRUE AND THEREFORE PRIVILEGED UNDER CIVIL RIGHTS LAW § 74; Supreme Court, Erie County granted defendant's motion for summary judgment, denied plaintiff's cross motion for summary judgment and dismissed the complaint; App. Div. affirmed.

BISCONE v JetBLUE AIRWAYS CORPORATION (— AD3d —, 2012 NY Slip Op 09019):
2nd Dept. App. Div. order of 12/26/12; 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; TORTS - FALSE IMPRISONMENT - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS - CONFINEMENT OF COMMERCIAL AIRLINE PASSENGER IN AIRPLANE ON TARMAC FOR SEVERAL HOURS - PREEMPTION OF CLAIMS BY FEDERAL LAW; CLASS CERTIFICATION; MOTION TO RENEW OR REARGUE MOTION FOR CLASS CERTIFICATION; Supreme Court, Queens County granted that branch of defendant JetBlue's motion which was to dismiss, as preempted, the causes of action in the amended complaint to recover damages for false imprisonment, intentional infliction of emotional distress, and fraud and deceit, and so much of the cause of action to recover damages for negligence as was not predicated on physical injury; thereafter, the same court denied plaintiff's motion for leave to renew or reargue her prior motion for class certification pursuant to CPLR article 9; App. Div. affirmed.

BISCONE v JetBLUE AIRWAYS CORPORATION (101 AD3d 1068):
2nd Dept. App. Div. order of 12/26/12; 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; DISCLOSURE - PROTECTIVE ORDER - DENIAL OF PROTECTIVE ORDER SOUGHT PURSUANT TO CPLR 3103(a); CLASS ACTION FILED ELECTRONICALLY - CONCERN REGARDING DOCUMENTS CONTAINING CONFIDENTIAL INFORMATION; Supreme Court, Queens County denied that branch of plaintiff's cross motion which was for a protective order pursuant to CPLR 3103(a); App. Div. affirmed.

HAWKINS (SEAN), PEOPLE v (36 Misc 3d 54):
App. Term, 2nd, 11th and 13th Judicial Districts order of 5/21/12; reversal; leave to appeal granted by Smith, J., 12/17/12; Rule 500.11 review pending; CRIMES - VERDICT - SETTING VERDICT ASIDE - WHETHER MOTION TO SET ASIDE VERDICT, MADE BEFORE SENTENCING BUT NOT MEETING THE REQUIREMENT THAT SUCH MOTION BE MADE ON A "GROUND APPEARING IN THE RECORD" (CPL 330.30[1]) MAY BE TREATED AS A "DE FACTO" MOTION TO VACATE THE JUDGMENT UNDER CPL 440.10 - DEFENDANT MOVED TO SET ASIDE THE VERDICT ON THE GROUND THAT HIS RIGHT TO PUBLIC TRIAL WAS VIOLATED; Criminal Court of the City of New York, Kings County granted defendant's motion pursuant to CPL 330.30 to set aside the verdict convicting defendant of ten counts of sexual abuse in the second degree, ten counts of sexual abuse in the third degree, and endangering the welfare of a child; App. Term reversed, denied defendant's motion to set aside the verdict, reinstated the verdict and remitted the matter to Criminal Court for further proceedings.

KEIJONTE W., MATTER OF (ADMINISTRATION FOR CHILDREN'S SERVICES; TAMARA W.) (101 AD3d 890):
2nd Dept. App. Div. order of 12/12/12; affirmance; sua sponte examination whether the order appealed from finally determines the proceeding within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; PARENT AND CHILD - ABUSED OR NEGLECTED CHILD - CLAIMED DENIAL OF DUE PROCESS AND RIGHT TO CONFRONT WITNESSES AGAINST MOTHER - EVIDENCE AGAINST MOTHER ADMITTED VIA REPORTS OF CHILD ABUSE EVALUATOR, WITHOUT ANY TESTIMONY - HEARSAY - HOSPITALIZED MOTHER UNABLE TO TESTIFY ON HER OWN BEHALF; SUFFICIENCY OF THE EVIDENCE TO SUPPORT FINDINGS MADE AGAINST MOTHER; Family Court, Kings County, upon finding, among other things, that the mother abused the child Keiajae W., derivatively abused the other four subject children, and neglected all of the subject children, released the children Nkaiyah U. and Jahmyra U. to the custody of their father under the supervision of a child protective agency, social services official or duly authorized agency, and placed the children Keijonte W., Keiajae W. and Keijon W. in the custody of the Commissioner of Social Services; App. Div. affirmed.

MASHREQBANK PSC v AHMED HAMAD AL GOSAIBI & BROTHERS COMPANY (101 AD3d 1):
1st Dept. App. Div. order of 9/25/12; reversal; sua sponte examination whether the appellant is a party aggrieved within the meaning of CPLR 5511; leave to appeal granted by App. Div., 12/28/12; COURTS - FORUM NON CONVENIENS - WHETHER THE APPELLATE DIVISION PROPERLY DETERMINED THAT SUPREME COURT ABUSED ITS DISCRETION AS A MATTER OF LAW BY DISMISSING THE COMPLAINT ON ITS OWN MOTION IN THE MAIN ACTION ON THE GROUND OF FORUM NON CONVENIENS, WHERE THE ONLY MOTION BEFORE THE COURT WAS A THIRD-PARTY DEFENDANT'S MOTION TO DISMISS THE THIRD-PARTY COMPLAINT; Supreme Court, New York County granted the "third- party defendant's motion to dismiss these actions in their entirety pursuant to CPLR 327(a) and the ... doctrine of forum non conveniens," and dismissed the third-party action; App. Div. reversed and reinstated the complaint and third-party complaint.

POLLACK, MATTER OF v FORMICA (2012 NY Slip Op 79844[U]):
2nd Dept. App. Div. order of 7/25/12; sua sponte examination whether the order appealed from finally determines the proceeding within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; PROCEEDING AGAINST BODY OR OFFICER - CLAIMED VIOLATION OF DUE PROCESS AND OTHER CONSTITUTIONAL RIGHTS; App. Div. denied a motion for leave to appeal to that court from a March 20, 2012 Supreme Court, Orange County order.

TORRES v RICH (100 AD3d 1300):
3rd Dept. App. Div. order of 11/29/12; affirmance with dissents; Rule 500.11 review pending; JUDGMENTS - SUMMARY JUDGMENT - WHETHER DEFENDANT SAINT CABRINI HOME, INC. WAS ENTITLED TO SUMMARY JUDGMENT DISMISSING THE COMPLAINT AGAINST IT - APPROPRIATE STANDARD OF CARE - WHETHER DEFENDANT SAINT CABRINI HOME, INC. MET ITS DUTY TO PROVIDE THE DEGREE OF CARE TO PLAINTIFF THAT A REASONABLE PARENT WOULD PROVIDE; Supreme Court, Ulster County granted the motion by defendant Saint Cabrini Home, Inc. for summary judgment dismissing the complaint against it; App. Div. affirmed.