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For January 30, 2015 through February 5, 2015, the following preliminary appeal statements were filed:

DANIEL (SPARKLE), PEOPLE v (122 AD3d 401):
1st Dept. App. Div. order of 11/6/14; reversal; leave to appeal granted by Clark, J., 1/22/15; CRIMES - CONFESSION - CUSTODIAL INTERROGATION - WHETHER THE APPELLATE DIVISION ERRED IN CONCLUDING THAT STATEMENTS DEFENDANT MADE FOLLOWING THE ADMINISTRATION OF MIRANDA WARNINGS HAD TO BE SUPPRESSED BECAUSE THEY WERE THE RESULT OF A CONTINUING CUSTODIAL INTERROGATION THAT BEGAN BEFORE THE WARNINGS WERE ADMINISTERED AND CONTINUED WITHOUT A PRONOUNCED BREAK; Supreme Court, Bronx County, convicted defendant, after a jury trial, of murder in the second degree and sentenced her to a term of 25 years to life; App. Div. reversed, granted defendant's motion to suppress statements and remanded the matter for a new trial.

KIRSCHNER, MATTER OF v FISHER (117 AD3d 567):
1st Dept. App. Div. order of 5/20/14; affirmance; leave to appeal granted by Court of Appeals, 1/20/15; TRUSTS - CONSTRUCTION - GRANTOR RETAINED ANNUITY TRUSTS (GRATs) - FORMULA CLAUSE - APPLICABILITY AND INTERPRETATION OF EPTL 2-1.13(a)(1) - RESORT TO STATUTORY HISTORY - WHETHER EPTL 2-1.13(a)(1) APPLIES TO DISPOSITIONS BEYOND THOSE "CREATED WITH THE SPECIFIC GOAL OF TAKING ADVANTAGE OF SPOUSAL EXEMPTIONS BASED ON THE FEDERAL ESTATE TAX"; WHETHER THE COURTS BELOW CORRECTLY HELD THAT THE FRACTIONAL SHARE PROVISION IN THE GRATs AT ISSUE WAS UNAMBIGUOUS, THAT EPTL 2-1.13 WAS INAPPLICABLE, THAT THE VALUE OF TRUST ASSETS "INCLUDABLE IN THE GRANTOR'S GROSS ESTATE FOR [F]EDERAL ESTATE TAX PURPOSES" AND THUS REQUIRED TO BE DISTRIBUTED PURSUANT TO THE GRANTOR'S WILL WAS ZERO, WHERE THE CO-EXECUTORS OF GRANTOR'S ESTATE ELECTED NOT TO PAY ESTATE TAX, AS PERMITTED UNDER PERTINENT LEGISLATION, AND THAT ALL TRUST ASSETS THEREFORE HAD TO BE DIVIDED EQUALLY BETWEEN THE GRANTOR'S THREE CHILDREN; Surrogate's Court, New York County, construed formula clauses in trust agreements relating to two grantor retained annuity trusts (GRATs) to require that the remaining assets in the GRATs pass in equal shares to grantor's three children; App. Div. affirmed.

MAGGIPINTO, MATTER OF (125 AD3d 31):
2nd Dept. App. Div. order of 12/10/14; suspension; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; ATTORNEY AND CLIENT - DISCIPLINARY PROCEEDINGS - CLAIMED DUE PROCESS AND EQUAL PROTECTION VIOLATIONS; App. Div., denied attorney's motion to adjourn indefinitely the continued hearing of the disciplinary proceeding until after August 31, 2013 and, thereafter, among other things, suspended attorney from the practice of law for five years, commencing 1/9/15.

NYC C.L.A.S.H, INC., MATTER OF v NEW YORK STATE OFFICE OF PARKS, RECREATION and HISTORIC PRESERVATION (— AD3d —, 2014 NY Slip Op 09085):
3rd Dept. App. Div. order of 12/31/14; modification; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; ADMINISTRATIVE LAW - VALIDITY OF REGULATION - SEPARATION OF POWERS - REGULATION EXCEEDING DELEGATED AUTHORITY - WHETHER RESPONDENT NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION EXCEEDED ITS DELEGATED AUTHORITY, AND THUS VIOLATED THE SEPARATION OF POWERS DOCTRINE, BY PROMULGATING A RULE ESTABLISHING SMOKE-FREE AREAS IN CERTAIN OUTDOOR LOCATIONS UNDER ITS JURISDICTION; Supreme Court, Albany County, partially granted petitioner's application to, among other things, declare invalid 9 NYCRR 386.1; App. Div. modified by reversing so much of the judgment as partially granted petitioner's application, dismissed the petition, and declared that 9 NYCRR 386.1 is not unconstitutional.

PARSON, JR. (ANTHONY), PEOPLE v (122 AD3d 1441):
4th Dept. App. Div. order of 11/21/14; affirmance; leave to appeal granted by Fahey, J., 1/21/15; CRIMES - RIGHT TO COUNSEL - EFFECTIVE REPRESENTATION - FAILURE TO ADVANCE MORE VIGOROUS CHALLENGE TO POLICE OFFICER'S TESTIMONY AT SUPPRESSION HEARING REGARDING REASON FOR STOPPING DEFENDANT'S VEHICLE - STOP FOR ALLEGED VIOLATIONS OF VEHICLE AND TRAFFIC LAW § 375(22) AND (30); UNLAWFUL SEARCH AND SEIZURE - CHALLENGE TO LAWFUL BASIS FOR STOP OF DEFENDANT'S VEHICLE AND SEARCH OF HIS PERSON AND HIS CAR - WHETHER STATEMENTS MADE BY DEFENDANT SHOULD HAVE BEEN SUPPRESSED; County Court, Erie County, convicted defendant, upon his guilty plea, of criminal possession of a weapon in the second degree; App. Div. affirmed.

SOLOMON R., MATTER OF (123 AD3d 934):
2nd Dept. App. Div. order of 12/17/14; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right and whether the order appealed from finally determines the proceeding within the meaning of the Constitution; GUARDIAN AND WARD - REMOVAL OF GUARDIAN - ALLEGATIONS OF MISCONDUCT CONCLUSORY OR MINOR - WHETHER A GUARDIAN SHOULD BE REMOVED IMMEDIATELY DUE TO CLAIMED FAILURE TO COMPLY WITH THE STATUTORY PERIODIC REPORTING REQUIREMENT; WHETHER A HEARING IS NECESSITATED ON THE INCAPACITATED PERSON'S CONDITION; TRUSTS - CONSTRUCTIVE TRUST - WHETHER THERE WAS A BASIS TO IMPOSE A CONSTRUCTIVE TRUST ON ASSETS TRANSFERRED TO WARD'S FAMILY; Supreme Court, Queens County, denied nonparty Usher P.'s motion to remove respondent Michael R. as guardian of the person and property of Solomon R. pursuant to Mental Hygiene Law § 81.35, to impose a constructive trust on certain funds of Solomon R. that were transferred to Solomon R.'s family pursuant to a 9/29/05 order of the same court, and for a hearing on the issue of the adequacy of the care being provided to Solomon R.; App. Div. affirmed.

SMITH (CHARLES), PEOPLE v (122 AD3d 456):
1st Dept. App. Div. order of 11/13/14; affirmance; leave to appeal granted by Pigott, J., 1/27/15; CRIMES - TRIAL - CROSS-EXAMINATION OF POLICE WITNESSES - USE OF FACTUAL ALLEGATIONS IN FEDERAL CIVIL RIGHTS LAWSUITS AGAINST ARRESTING OFFICERS TO SHOW THAT OFFICERS WERE ACCUSED OF FABRICATING CHARGES IN DRUG SALE CASES SIMILAR TO DEFENDANT'S CASE - LIMITATION OF CROSS EXAMINATION BASED UPON IRRELEVANT OR COLLATERAL MATTERS; INSTRUCTIONS - CIRCUMSTANTIAL EVIDENCE CHARGE - WHETHER THE APPELLATE DIVISION ERRED IN DETERMINING THAT THE TRIAL COURT PROPERLY DECLINED TO GIVE A CIRCUMSTANTIAL EVIDENCE CHARGE BECAUSE THE PEOPLE'S CASE WAS NOT BASED ENTIRELY ON CIRCUMSTANTIAL EVIDENCE; Supreme Court, New York County, convicted defendant, after a jury trial, of resisting arrest, and sentenced him to a term of three months; thereafter, the same court convicted defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentenced him, as a second drug felony offender, to a term of two years; App. Div. affirmed.

YONAMINE, MATTER OF v NEW YORK CITY POLICE DEPARTMENT (121 AD3d 598):
1st Dept. App. Div. order of 10/28/14; affirmance; sua sponte examination whether the Appellate Division order finally determines the proceeding and whether a substantial constitutional question is directly involved to support an appeal as of right; CONTEMPT - CIVIL CONTEMPT - ORDER REQUIRING CERTIFICATION OF COMPLIANCE WITH FOIL REQUEST - WHETHER PETITIONER FAILED TO DEMONSTRATE BY CLEAR AND CONVINCING EVIDENCE, AS REQUIRED FOR A FINDING OF CIVIL CONTEMPT, RESPONDENTS' DISOBEDIENCE WITH A JANUARY 20, 2012 SUPREME COURT ORDER REQUIRING THEM TO CERTIFY THAT THEY HAD DISCLOSED ALL DOCUMENTS RESPONSIVE TO PETITIONER'S FREEDOM OF INFORMATION LAW (FOIL) REQUEST AND THAT A DILIGENT SEARCH HAD BEEN CONDUCTED FOR DOCUMENTS THAT COULD NOT BE LOCATED; Supreme Court, New York County, denied petitioner's motion to hold respondents in civil contempt for disobedience of a 1/20/12 Supreme Court order that, among other things, required respondents to certify that they had disclosed all documents responsive to petitioner's Freedom of Information Law request and that a diligent search had been conducted for documents that could not be located; App. Div. affirmed.

For February 6, 2015 through February 12, 2015, the following preliminary appeal statements were filed:

ALI v STATE OF NEW YORK (2015 NY Slip Op 62619[U]):
3rd Dept. App. Div. order of 1/23/15; denial of motion; 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; MOTIONS AND ORDERS - CHALLENGE TO APPELLATE DIVISION ORDER DENYING CLAIMANT'S MOTION FOR PERMISSION TO PROCEED AS A POOR PERSON AND MOTION FOR "DE NOVO, EN BANC CAUSIDICUS" AND FOR FURTHER RELIEF; App. Div. denied claimant's motion for permission to proceed as a poor person and motion for "de novo, en banc causidicus" and for other relief.

DENNARD, MATTER OF v CITY OF BUFFALO EXAMINING BOARD OF PLUMBERS (124 AD3d 1337):
4th Dept. App. Div. judgment of 1/2/15; confirmed agency determination; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; LICENSES - REVOCATION OF MASTER PLUMBER'S LICENSE - WHETHER PETITIONER WAS DENIED A FAIR HEARING BASED ON IMPROPER NOTICE OF THE HEARING, THE USE OF HEARSAY EVIDENCE AT THE HEARING, AND/OR AGENCY'S RELIANCE ON EXTRINSIC EVIDENCE - SUBSTANTIAL EVIDENCE; App. Div. confirmed respondent's determination revoking petitioner's master plumber's license, and dismissed the CPLR article 78 petition.

GRIGGS (PERRY C.), PEOPLE v (117 AD3d 1523):
4th Dept. App. Div. order of 5/9/14; affirmance; leave to appeal granted by Pigott, J., 1/27/15; CRIMES - ROBBERY - FORCIBLE STEALING - WHETHER LEGALLY SUFFICIENT EVIDENCE EXISTED TO ESTABLISH THAT DEFENDANT FORCIBLY STOLE PROPERTY FROM THE VICTIM WHILE USING A GUN; WHETHER DEFENDANT'S SENTENCE WAS PROPERLY THE SUBJECT OF A SENTENCING ENHANCEMENT PURSUANT TO PENAL LAW § 60.07; GRAND JURY - DEFECTIVE PROCEEDING - SHACKLED DEFENDANT - PROSECUTORIAL MISCONDUCT - WHETHER DEFENDANT'S APPEARANCE BEFORE THE GRAND JURY IN SHACKLES, THE PROSECUTOR'S CROSS- EXAMINATION OF DEFENDANT, OR THE PROSECUTOR'S FAILURE TO INFORM THE GRAND JURY OF A DEFENSE REQUEST TO HAVE ANOTHER WITNESS TESTIFY RENDERED THE PROCEEDING DEFECTIVE AND WARRANTED DISMISSAL OF THE INDICTMENT; Supreme Court, Erie County, convicted defendant, upon a jury verdict, of robbery in the first degree and sentenced him, as a second violent felony offender, to a term of 20 years' incarceration and 5 years' post- release supervision; App. Div. affirmed.

MORRISHILL, MATTER OF v PRACK (120 AD3d 1474):
3rd Dept. App. Div. judgment of 9/11/14; leave to appeal granted by Court of Appeals, 1/20/15; PRISONS AND PRISONERS - DISCIPLINE OF INMATES - WHETHER PETITIONER WAS DEPRIVED OF DUE PROCESS RIGHTS DURING HIS DISCIPLINARY HEARING - RIGHT OF ACCESS TO OPERATION MANUAL FOR DRUG TESTING MACHINE; App. Div. confirmed respondent's determination finding petitioner guilty of violating a prison disciplinary rule, and dismissed the petition.

WATSON (LAWRENCE), PEOPLE v (124 AD3d 95):
1st Dept. App. Div. order of 12/2/14; reversal; leave to appeal granted by Tom, J., 2/5/15; CRIMES - RIGHT TO COUNSEL - EFFECTIVE PRESENTATION - POTENTIAL CONFLICT OF INTEREST - REPRESENTATION OF DEFENDANT BY STAFF ATTORNEY OF AN INSTITUTIONAL DEFENDER WHERE POTENTIAL WITNESS IN DEFENDANT'S CASE HAD BEEN REPRESENTED BY A DIFFERENT STAFF ATTORNEY IN A CASE ARISING OUT OF THE SAME INCIDENT UNDERLYING THE CHARGES AGAINST DEFENDANT - APPLICATION OF PEOPLE v WILKINS (28 NY2d 53) TO SMALLER-SCALE PUBLIC DEFENSE AGENCY - WHETHER THE APPELLATE DIVISION ERRED IN CONCLUDING THAT NO ACTUAL OR POTENTIAL CONFLICT OF INTEREST EXISTED - WHETHER THE TRIAL COURT VIOLATED DEFENDANT'S RIGHT TO COUNSEL OF HIS OWN CHOOSING BY DISQUALIFYING DEFENSE COUNSEL EVEN THOUGH DEFENDANT WAIVED ANY POTENTIAL CONFLICT; Supreme Court, New York County, convicted defendant of two counts of criminal possession of a weapon in the second degree and one count of resisting arrest, and sentenced him, as a persistent felony offender, to an aggregate term of 20 years to life; App. Div. reversed and remanded the matter for a new trial.

WILLIAMS (CHRISTIAN), PEOPLE v (123 AD3d 240):
1st Dept. App. Div. order of 10/30/14; reversal; leave to appeal granted by Tom, J., 1/29/15; CRIMES - PLEA OF GUILTY - WITHDRAWAL OF PLEA - ILLEGALITY OF AGREED UPON SENTENCE - WHETHER THE APPELLATE DIVISION CORRECTLY HELD THAT DEFENDANT'S JUDGMENT OF CONVICTION, ENTERED UPON A GUILTY PLEA, MUST BE VACATED BECAUSE THE RECORD DISCLOSED THAT NEITHER THE COURT NOR THE PARTIES REALIZED THAT THE AGREED UPON SENTENCE, TO BE IMPOSED IF DEFENDANT COMPLIED WITH THE CONDITIONS OF THE PLEA, WAS ILLEGAL; CRIMES - APPEAL - PRESERVATION OF ISSUE FOR REVIEW - CONSTITUTIONAL CLAIM THAT GUILTY PLEA VIOLATED DUE PROCESS - WHETHER DEFENDANT WAS REQUIRED TO PRESERVE HIS CONSTITUTIONAL CLAIM BY MOVING TO WITHDRAW HIS PLEA; Supreme Court, New York County, convicted defendant, upon his guilty plea, of criminal sale of a controlled substance in the third degree, and sentenced him, as a second felony drug offender previously convicted of a violent felony, to a term of six years; App. Div. reversed, vacated the plea, and remanded for further proceedings.