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For January 11, 2019 through January 17, 2019, the following preliminary appeal statements were filed:

MATTER OF TYRELL FF. (JAQUASISA GG.) (166 AD3d 1331):
3rd Dept. App. Div. order of 11/21/18; dismissal of appeal, with dissents; Rule 500.11 review pending; sua sponte examination whether the two-Justice dissent at the Appellate Division is on a question of law and whether the order appealed from finally determines the proceeding within the meaning of the Constitution; Appeal--Academic and Moot Questions--Whether mootness exception applies to appeal from Family Court order continuing temporary removal of subject child; parent, child and family--abused or neglected child--whether a respondent in a proceeding under Family Court Article 10 may consent to the temporary removal of the subject child absent an admission of imminent risk; Family Court, Schenectady County, in a proceeding pursuant to Family Court Act, Article 10, temporarily removed the subject child from respondent's custody; App. Div. dismissed the appeal as moot.

FRANCIS (GERALD), PEOPLE v (164 AD3d 1108):
1st Dept. App. Div. order of 9/6/18; affirmance; leave to appeal granted by Rivera, J., 12/18/18; Crimes--Sentence--Whether CPL 470.15 (1) prevents an intermediate appellate court from reviewing the denial of a defendant's CPL 440.20 motion for resentencing if it finds that the denial of the motion was not "adverse" to defendant; defendant who received an illegally low sentence moved for resentencing with the ultimate intention to withdraw his guilty plea on the basis that it was not knowing and voluntary; Supreme Court, New York County, denied defendant's CPL 440.20 motion to set aside his sentence; App. Div. affirmed.

MANKO v LENOX HILL HOSPITAL (2018 NY Slip Op 91240[U]): ( 2019 NY Slip Op 60317[U]):
2nd Dept. App. Div. orders of 12/17/18 and 1/7/19; denial of motions; sua sponte examination whether the orders appealed from finally determine the action within the meaning of the Constitution and whether any basis exists for an appeal as of right; Appeal--Appellate Division--Denial of motions to vacate prior orders; App. Div. (12/17/18 order), among other things, denied a motion to vacate the dismissal of appeals from an 11/3/16 order of Supreme Court, Kings County; and a 4/20/17 judgment of the same court, and to extend the time to perfect the appeals; thereafter, App. Div. (1/7/19 order), among other things, denied appellant's renewed motion to recall and vacate so much of an 8/26/16 App. Div. order as dismissed an appeal from a 5/7/15 Supreme Court, Kings County, order, and to reinstate the appeal.

MATTER OF STEINBERG (167 AD3d 206):
1st Dept. App. Div. order of 12/11/18; suspension of attorney; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Attorney and Client--Disciplinary Proceedings--Suspension of attorney--claimed due process violations; App. Div. granted the Grievance Committee's motion to affirm the Referee's sanction report to the extent of affirming the Referee's findings of fact and conclusions of law, disaffirmed the sanction recommendation, and suspended respondent from the practice of law for a period of one year.

For January 18, 2019 through January 24, 2019, the following preliminary appeal statements were filed:

CARTER, MATTER OF v ANNUCCI (166 AD3d 1189):
3rd Dept. App. Div. judgment of 11/8/18; confirmed determination; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Prisons and Prisoners--Discipline of Inmates--Prisoner charged with using a controlled substance--claimed due process violations in tier III disciplinary hearing; Supreme Court, Ulster County, transferred proceeding to the App. Div.; App. Div. confirmed respondent's determination finding petitioner guilty of violating a prison disciplinary rule.

MALLOY (EDWARD) a/k/a EB, PEOPLE v (166 AD3d 1302):
3rd Dept. App. Div. order of 11/21/18; affirmance; leave to appeal granted by Clark, J., 1/10/19; Crimes--Selection of Jury--Batson Inquiry--Whether trial court erred in denying defendant's Batson challenge; whether trial court failed to make adequate record reflecting the basis for its denial of defendant's Batson challenge; Crimes--Verdict--Sufficiency of the Evidence--whether the verdict convicting defendant of murder in the second degree and criminal possession of a weapon is supported by legally sufficient evidence; Grand Jury--Defective Proceeding-- whether integrity of grand jury was impaired; Right of Confrontation--whether defendant was denied his right to a fair trial when trial court refused to allow witness to take the stand solely for the purpose of invoking his privilege against self-incrimination in the presence of the jury; Sentencing--whether Supreme Court properly imposed consecutive sentences; Supreme Court, Albany County, convicted defendant of murder in the second degree and criminal possession of a weapon in the second degree; App. Div. affirmed.

STRIPLIN, MATTER OF v GRIFFIN (164 AD3d 1347):
2nd Dept. App. Div. judgment of 9/19/18; confirmed determination; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Prisons and Prisoners--Discipline of Inmates--Prisoner charged with violating institutional rules concerning lewd conduct--claimed due process violations in tier II disciplinary hearing; Supreme Court, Dutchess County, transferred the proceeding to the App. Div.; App. Div. confirmed respondent's 2/2/17 determination finding petitioner guilty of violating Institutional Rules of conduct rule 101.20 (7 NYCRR 270.[B][2][iii]) and imposing penalties, denied the petition and dismissed the proceeding on the merits.

For January 25, 2019 through January 31, 2019, the following preliminary appeal statements were filed:

APPLEWHITE, MATTER OF v NEW YORK STATE BOARD OF PAROLE (167 AD3d 1380):
3rd Dept. App. Div. order of 12/27/18, affirmance with dissents; Parole--Denial-- Whether respondent Board of Parole properly considered "consistent community opposition" in denying petitioner's request for parole release; application of Executive Law § 259-i; Supreme Court, Sullivan County, dismissed petitioner's CPLR article 78 application to review a determination of respondent denying petitioner's request for parole release; App. Div. affirmed.

BILL BIRDS, INC. v STEIN LAW FIRM, P.C. (164 AD3d 635):
2nd Dept. App. Div. order of 8/15/18; reversal; leave to appeal granted by Court of Appeals, 1/15/19; Attorney and Client--Misconduct by Attorney--Whether plaintiffs raised a triable issue of fact on their claim alleging a violation of Judiciary Law § 487; plaintiffs alleged that defendants engaged in a pattern of legal delinquency; Supreme Court, Queens County, denied that branch of defendants' motion for summary judgment dismissing the cause of action alleging a violation of Judiciary Law §487; App. Div. reversed and granted that branch of defendants' motion for summary judgment dismissing the cause of action alleging a violation of Judiciary Law §487.

ESPOSITO (MONIQUE), PEOPLE v (60 Misc 3d 60):
App. Term, 2nd Dept., 2nd, 11th, and 13th Judicial Districts order of 8/3/18; reversal; leave to appeal granted by Feinman, J., 1/14/19; Rule 500.11 review pending; Crimes--Accusatory Instrument--Whether misdemeanor information was jurisdictionally defective because it failed to establish that defendant was driving the vehicle in question--defendant found two blocks away from vehicle collision site made statement to police officer that she was chasing her boyfriend and hit a tree; motor vehicles--operating vehicle while under influence of alcohol; Criminal Court of the City of New York, Richmond County, convicted defendant, upon a jury verdict, of common-law driving while intoxicated and resisting arrest, and imposed sentence; App. Div. reversed and dismissed the information.

WILL OF FIELDS, DECEASED, MATTER OF (FIELDS v PALMERI) (2018 NY Slip Op 84318[U]): ( 2018 NY Slip Op 91716[U]):
1st Dept. App. Div. orders of 9/25/18 and 12/27/18; dismissal of appeal and denial of motion to restore appeal; sua sponte examination of whether the orders appealed from finally determine the action within the meaning of the Constitution; Appeal--Dismissal-- Order dismissing appeal in Surrogate's Court proceeding; dismissal of objections to probate; Surrogate's Court, New York County, granted petitioner's motion seeking dismissal of objections to probate and directed settlement of the probate decree; App. Div. (9/25/18 order), among other things, dismissed the appeal; and thereafter (12/27/18 order), denied objectant-appellant's motion to restore the appeal.

MEYERS (VINCENT), PEOPLE v (162 AD3d 1074):
2nd Dept. App. Div. order of 6/27/18; affirmance; leave to appeal granted by Garcia, J., 12/10/18; Rule 500.11 review pending; Crimes--Trial--Jury Notes--Whether trial court failed to comply with CPL 310.30 and People v O'Rama requirements with regard to note from the jury belatedly discovered in the court file--whether there was a mode of proceedings error; whether verdict was against the weight of the evidence; whether there was ineffective assistance of counsel regarding a suppression hearing; Supreme Court, Nassau County, convicted defendant, upon a jury verdict, of two counts of robbery in the second degree, assault in the second degree, criminal possession of stolen property in the fourth degree, criminal possession of stolen property in the fifth degree, two counts of criminal mischief in the fourth degree, and harassment in the second degree, and imposed sentence; App. Div. affirmed.

SHAWE v KRAMER LEVIN NAFTALIS & FRANKEL LLP (167 AD3d 481):
1st Dept. App. Div. order of 12/13/18; affirmance; sua sponte examination of 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; Libel and Slander--Opinions--Fair Comment--Action against lawyers commenting on litigation matters; pre-answer motion to dismiss the complaint; Supreme Court, New York County, granted defendants' motion to dismiss the complaint (2/20/18 order); dismissed the complaint with prejudice (3/5/18 judgment); and denied plaintiff's motion for leave to renew defendants' motion to dismiss the complaint (4/23/18 order); App. Div. affirmed.

VILLAGE OF SOLVAY v ZAHRAN (164 AD3d 1613):
4th Dept. App. Div. order of 9/28/18; affirmance; sua sponte examination whether the order 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; Injunctions--Preliminary Injunction--Action by village to prevent renovation and occupancy of a commercial building without permits and approvals required by the village code and zoning law; claimed constitutional violations; Supreme Court, Onondaga County, granted plaintiff's motion for a preliminary injunction; App. Div. affirmed.

WESLOWSKI v ZUGIBE (167 AD3d 972):
2nd Dept. App. Div. order of 12/19/18; modification; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Employment Relationships--Constructive Discharge--Action by attorney formerly employed in the Rockland County Attorney's office, alleging breach of collective bargaining agreement, breach of oral promise to pay accumulated leave, and violations of the New York Human Rights Law and various rights under the New York State Constitution; dismissal and nonsuit; Supreme Court, Rockland County, granted those branches of defendants' motions to dismiss the first, second, fourth, fifth, sixth and seventh causes of action insofar as asserted against each defendant, and denied such motions insofar as they sought dismissal of plaintiff's third cause of action; App. Div. modified by (1) reversing so much of the order as appealed from, and granting those branches of the defendants' motions as sought to dismiss the third cause of action as asserted against each defendant, and (2) affirming so much of the order as cross-appealed from (granting those branches of defendants' motions to dismiss the remaining causes of action as asserted against each defendant).