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For January 5, 2018 through January 11, 2018, the following preliminary appeal statements were filed:

MANUEL P. A., MATTER OF v EMILIE B. (146 AD3d 697):
1st Dept. App. Div. order of 12/14/17; denial of motion; 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; Appeal--Appellate Division--Motion for leave to appeal to the Appellate Division; App. Div. denied petitioner's motion for leave to appeal to the App. Div. from a 6/30/17 interim order of Family Court, New York County, and for a stay of all proceedings pending hearing and determination of a pro se CPLR article 78 proceeding petitioner has filed against a certain Family Court Judge.

ASENSIO, MATTER OF v BANNON (A.D. NO. 124/17) (155 AD3d 565):
1st Dept. App. Div. order of 11/28/17; dismissal of petition; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right and whether any other basis exists for an appeal as of right; Proceeding Against Body or Officer--Various claims arising out of Family Court custody proceeding; App. Div. denied petitioner's CPLR article 78 application and dismissed the petition.

ASENSIO, MATTER OF v BANNON (A.D. NO. 125/17) (155 AD3d 566):
1st Dept. App. Div. order of 11/28/17; dismissal of petition; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right and whether any other basis exists for an appeal as of right; Proceeding Against Body or Officer--Various claims arising out of Family Court custody proceeding; App. Div. denied petitioner's CPLR article 78 application and dismissed the petition.

ASENSIO, MATTER OF v FASANYA (2017 NY Slip Op 96223[U]):
1st Dept. App. Div. order of 12/21/17; denial of motions; 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; Appeal--Appellate Division--Motion to the Appellate Division for a stay and certain other relief; App. Div. denied petitioner's motions for certain relief denied by a Justice of Supreme Court, New York County on 9/20/17, and for a stay of all proceedings in connection with certain matters before the Family Court, New York County.

For January 12, 2018 through January 18, 2018, the following preliminary appeal statements were filed:

COLEBROOKE THEATRICAL v BIBEAU (155 AD3d 581):
1st Dept. App. Div. order of 11/30/17; 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; Judgments--Default Judgment--Denial of motion to vacate default judgment; alleged due process violation; Supreme Court, New York County, denied the motion of defendants to vacate the default judgment as against Stephane Bibeau and C3 Global Capital HK Limited; App. Div. affirmed.

MENTAL HYGIENE LEGAL SERVICES, MATTER OF v DANIELS (158 AD3d 82):
1st Dept. App. Div. order of 12/12/17; affirmance with dissents; Parties--Standing- -Whether petitioner Mental Hygiene Legal Services has standing to bring article 78 proceeding seeking a writ of mandamus to compel respondent, acting director of Bronx Psychiatric Center, to provide copies of a patient's complete clinical record (see MHL 9.01, MHL 33.16, 14 NYCRR 501.2[a]) in advance of a retention hearing pursuant to MHL 9.31(a); Records—Mental Health Records—whether respondent, in failing to provide petitioner with a copy of a patient's complete clinical record, violated its statutory obligation under MHL 9.31(b); Supreme Court, Bronx County, denied respondent's cross motion to dismiss the proceeding, and granted the petition to the extent of declaring that respondent's failure to provide petitioner with a complete copy of a patient's so-called medical chart in any proceeding pursuant to Mental Hygiene Law (MHL) 9.31(a) violates MHL 9.31(b) when read together with MHL 9.01, MHL 33.16, and 14 NYCRR 501.2(a), and ordered respondent, in any action brought pursuant to MHL 9.31(a), to provide petitioner with a complete copy of such medical chart prior to any MHL 9.31(b) hearing; App. Div. affirmed.

For January 19, 2018 through January 25, 2018, the following preliminary appeal statements were filed:

ARROWHEAD CAPITAL FINANCE, LTD. v CHEYNE SPECIALITY FINANCE FUND L.P. (154 AD3d 523):
1st Dept. App. Div. order of 10/17/17; affirmance; leave to appeal granted by Court of Appeals, 1/11/18; Attorney and Client--Unauthorized Practice of Law--Whether failure of plaintiff's counsel to maintain an in-state office at the time action was commenced, in violation of Judiciary Law § 470, renders the action a nullity and requires dismissal of the action without prejudice; Supreme Court, New York County, dismissed the complaint with prejudice as against defendant Cheyne Specialty Finance Fund General Partner and without prejudice as against defendant Cheyne Specialty Finance Fund; App. Div. affirmed.

ASENSIO, MATTER OF v MARKS (A.D. NO. 130/2017) (157 AD3d 456):
1st Dept. App. Div. order of 1/4/18; dismissal; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Proceeding Against Body or Officer--Certiorari--Various constitutional claims arising out of judicial management of underlying Family Court matter; App. Div. denied petitioner's CPLR article 78 application and dismissed the petition.

DIMERY v ULSTER SAVINGS BANK; ULSTER SAVINGS BANK v DIMERY (2017 NY Slip Op 85695[U]):
2nd Dept. App. Div. order of 9/13/17; denial of motion; sua sponte examination whether the order sought to be appealed from finally determines the action and proceeding within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; Appeal-- Finality of Judgments and Orders--Finality of Appellate Division order denying a motion by a party to assign a new docket number in connection with a notice of appeal from a judgment that has already been appealed to the Appellate Division; Supreme Court, Putnam County, dismissed the complaint and found in favor of the defendant on its counterclaims, and awarded defendant damages representing unpaid rent and taxes for the plaintiff's occupancy of the subject premises after termination of the parties' joint venture agreement for the period from 4/1/91 through 10/1/00; App. Div. (12/27/04 order) modified the judgment by deleting therefrom (1) the eleventh decretal paragraph, awarding the defendant damages representing unpaid rent for the period from 4/1/91 through 10/1/00, and (2) the fourteenth decretal paragraph, awarding the defendant damages representing unpaid taxes for the period from 4/1/91 through 10/1/00; and as so modified, affirmed the judgment insofar as appealed from; App. Div. thereafter (9/13/17 order) denied plaintiff's motion to assign a new docket number in connection with a new notice of appeal dated 9/14/16 from 10/26/00 Supreme Court judgment.

QUIRK, MATTER OF v LIPPMAN (156 AD3d 516):
1st Dept. App. Div. of 12/14/17; modification; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Civil Service--Compensation and Benefits--Whether members of the New York State Court Officers Association are entitled to salary adjustment that was provided to Suffolk County court officers under O'Neil v Pfau (23 NY3d 993 [2014]); limitation of actions—whether four-month statute of limitations had run on cause of action challenging administrative body's salary adjustments; alleged equal protection violation; Supreme Court, New York County, denied the CPLR article 78 petition as time-barred to the extent it sought retroactive salary adjustments and granted the petition to the extent it sought "prospective relief"; App. Div. modified to deny the petition as time-barred as to "prospective relief," and otherwise affirmed and dismissed the proceeding.

WELLS FARGO BANK, N.A. v SHATLES (157 AD3d 750):
2nd Dept. App. Div. order of 1/10/18; dismissal and 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; Judgments--Default Judgment--Vacatur-- Whether a defendant seeking to vacate a default based on allegation of intrinsic fraud by plaintiff must establish a reasonable excuse for the default and a potentially meritorious defense to the action; mortgage foreclosure; claimed due process violations and judicial errors; aggrievement; Supreme Court, Suffolk County, among other things, denied that branch of defendant Robert Shatles' motion which was pursuant to CPLR 5015(a)(3) to vacate an 8/27/14 judgment of foreclosure and sale of that court, upon his failure to answer the complaint; App. Div. dismissed the appeal by defendant Brooke Shatles for lack of aggrievement, and affirmed the order insofar as appealed from by defendant Robert Shatles.

WOHLFEIL, MATTER OF v SHAREL VENTURES, LLC (155 AD3d 1264):
3rd Dept. App. Div. order of 11/16/17; reversal with dissents; Rule 500.11 review pending and sua sponte examination whether the order appealed from finally determines the proceeding within the meaning of the Constitution; Workers' Compensation--Extent of Disability--Whether substantial evidence supports the Workers' Compensation Board's determination that claimant sustained a permanent partial disability and a 75% loss of wage-earning capacity where medical testimony indicated that, as a result of her lumbar back injury, she is unable to perform even sedentary work as defined in the 2012 New York State Guidelines for Determining Permanent Impairment and Loss of Wage Earning Capacity; App. Div. reversed a 10/29/15 decision of the Workers' Compensation Board which ruled that claimant sustained a permanent partial disability and a 75% loss of wage-earning capacity, and remitted the matter to the Board for further proceedings not inconsistent with the decision.

WRIGHT v STATE OF NEW YORK (156 AD3d 1413):
4th Dept. App. Div. order of 12/22/17; 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; State--Claim against State--Notice of Intention to File Claim--Renewal of motion to treat the notice of intention as a claim; Court of Claims denied claimant's motion for leave to renew that part of his prior motion seeking to treat the notice of intention as a claim; App. Div. affirmed.