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

KASCKAROW, MATTER OF v BOARD OF EXAMINERS OF SEX OFFENDERS OF STATE OF NEW YORK (106 AD3d 915):
2nd Dept. App. Div. order of 5/15/13; affirmance; leave to appeal granted by Court of Appeals, 10/10/13; PROCEEDING AGAINST BODY OR OFFICER - CERTIORARI - CPLR ARTICLE 78 PROCEEDING TO REVIEW DETERMINATION OF BOARD OF EXAMINERS OF SEX OFFENDERS OF THE STATE OF NEW YORK THAT PETITIONER IS REQUIRED TO REGISTER AS A SEX OFFENDER PURSUANT TO THE SEX OFFENDER REGISTRATION ACT (SORA) (CORRECTION LAW ART. 6- C) - WHETHER A PLEA IN FLORIDA OF NOLO CONTENDERE TO A FELONY SEX CRIME CONSTITUTES A "CONVICTION" UNDER SORA SUCH THAT REGISTRY AS A SEX OFFENDER IS REQUIRED IN NEW YORK; Supreme Court, Kings County, denied a CPLR article 78 petition and dismissed the proceeding; App. Div. affirmed.

McIVER-MORGAN, INC., MATTER OF v DAL PIAZ (108 AD3d 47):
1st Dept. App. Div. order of 5/9/13; affirmance; leave to appeal granted by App. Div., 9/17/13; Rule 500.11 review pending; ARBITRATION - CONFIRMING OR VACATING AWARD - PUBLIC POLICY INQUIRY - FEES FOR ARCHITECTURAL SERVICES - CONTRACTOR ALLEGEDLY PERFORMING UNLICENSED ARCHITECTURAL SERVICES; Supreme Court, New York County, granted petition to confirm an arbitration award; App. Div. affirmed.

McLEAN (SAMUEL), PEOPLE v (109 AD3d 670):
3rd Dept. App. Div. order of 8/8/13; affirmance; leave to appeal granted by McCarthy, J., 9/18/13; CRIMES - RIGHT TO COUNSEL - INCULPATORY STATEMENT TAKEN BY POLICE WHILE DEFENDANT IMPRISONED ON UNRELATED CHARGE - WHETHER THE APPELLATE DIVISION CORRECTLY CONCLUDED THAT THE POLICE FULFILLED THEIR OBLIGATION TO RESOLVE AN AMBIGUITY AS TO WHETHER DEFENDANT WAS REPRESENTED BY COUNSEL IN A HOMICIDE INVESTIGATION BY DETERMINING THAT COUNSEL'S REPRESENTATION OF DEFENDANT HAD TERMINATED PRIOR TO QUESTIONING HIM; Supreme Court, Schenectady County, after a hearing, denied defendant's motion pursuant to CPL 440.10 and 440.20 to, among other things, vacate the judgment convicting him of two counts of murder in the second degree, three counts of attempted robbery in the first degree, three counts of criminal possession of a weapon in the second degree, six counts of criminal possession of a weapon in the third degree, conspiracy in the fourth degree and criminal mischief in the third degree; App. Div. affirmed.

172 VAN DUZER REALTY CORPORATION v GLOBE ALUMNI STUDENT ASSISTANCE ASSOCIATION, INC. (102 AD3d 543):
1st Dept. App. Div. order of 1/22/13; affirmance; leave to appeal granted by Court of Appeals, 10/10/13; LANDLORD AND TENANT - LEASE - ACCELERATION PROVISION - WHETHER AN ACCELERATION CLAUSE IN A COMMERCIAL LEASE, WHICH ALLOWS THE LANDLORD TO COLLECT THE FULL RENT DUE UNDER THE LEASE, IS ENFORCEABLE WHERE THE LANDLORD TERMINATES THE LEASE AFTER THE TENANT FAILS TO COMPLY WITH A NOTICE TO CURE AND VACATES THE PROPERTY AND THE LANDLORD DOES NOT MITIGATE DAMAGES; Supreme Court, New York County, awarded damages to plaintiff; App. Div. affirmed.

PACHERILLE (ANTHONY), PEOPLE v (106 AD3d 1136):
3rd Dept. App. Div. order of 5/2/13; affirmance; leave to appeal granted by Graffeo, J., 10/3/13; Rule 500.11 review pending; CRIMES - APPEAL - WAIVER OF RIGHT TO APPEAL SENTENCING COURT'S DENIAL OF YOUTHFUL OFFENDER STATUS - SENTENCING COURT BELIEVED THAT THE PLEA AGREEMENT PRECLUDED YOUTHFUL OFFENDER TREATMENT FOR THE 16- YEAR-OLD DEFENDANT; County Court, Otsego County, convicted defendant, upon his guilty plea, of attempted murder in the second degree, and sentenced him to a term of 11 years plus five years postrelease supervision; thereafter, the same court, without a hearing, denied defendant's motion pursuant to CPL 440.20 to set aside the sentence; App. Div. affirmed.

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

DAVIS v BOEHEIM (110 AD3d 1431):
4th Dept. App. Div. order of 10/4/13; affirmance with dissents; LIBEL AND SLANDER - OPINIONS - WHETHER STATEMENTS ALLEGED TO HAVE BEEN MADE BY COLLEGE BASKETBALL COACH CONSTITUTE ACTIONABLE STATEMENTS OF FACT OR NONACTIONABLE STATEMENTS OF OPINION; PREANSWER MOTION TO DISMISS COMPLAINT; Supreme Court, Onondaga County, granted defendants' motion to dismiss the complaint, and dismissed the complaint; App. Div. affirmed.

DOERR v GOLDSMITH (110 AD3d 453):
1st Dept. App. Div. order of 10/3/13; affirmance; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution; ANIMALS - LIABILITY FOR INJURIES - DOG COLLIDING WITH BICYCLIST - NEGLIGENCE CAUSE OF ACTION AGAINST DOG'S OWNER; Supreme Court, New York County, denied defendant Smith's motion for summary judgment dismissing the complaint as against her; App. Div. affirmed.

MOSS (DWIGHT), PEOPLE v (107 AD3d 1574):
4th Dept. App. Div. order of 6/14/13; affirmance; leave to appeal granted by Court of Appeals, 10/15/13; Rule 500.11 review pending; CRIMES - SEX OFFENDERS - SEX OFFENDER REGISTRATION ACT (SORA) (CORRECTION LAW ART. 6-C) - WHETHER COURTS BELOW PROPERLY DETERMINED THAT DEFENDANT WAS A PRESUMPTIVE RISK LEVEL THREE OFFENDER BASED ON HIS PRIOR CONVICTIONS - CLAIMED UPWARD DEPARTURE WITHOUT REQUEST FROM THE PEOPLE OR NOTICE TO DEFENDANT; Supreme Court, Monroe County, determined that defendant is a level three risk pursuant to the Sex Offender Registration Act; App. Div. affirmed.