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For October 13, 2017 through October 19, 2017, the following preliminary appeal statements were filed:

THOMAS CC., MATTER OF (2017 NY Slip Op 84428[U]):
3rd Dept. App. Div. order of 8/25/17; dismissal; sua sponte examination whether the order appealed from is final and whether any jurisdictional basis exists for an appeal as of right; Guardian and Ward--Appointment of Guardian--Powers--Powers of Attorney- -Revocation of power of attorney; claimed denial of equal protection and due process; Supreme Court, Chenango County, among other things, revoked a power of attorney dated October 25, 2004, and appointed a guardian of the person and a guardian of the property for a certain incapacitated individual; App. Div. dismissed the appeal and denied as academic the remaining motions for various relief.

MOORE, PEOPLE ex rel. v SUPERINTENDENT OF COXSACKIE CORRECTIONAL FACILITY (153 AD3d 1545):
3rd Dept. App. Div. order of 9/28/17; affirmance; sua sponte examination whether any jurisdictional basis exists for an appeal as of right; Habeas Corpus--When Remedy Available--alleged constitutional violations; entitlement to immediate release from custody; Supreme Court, Greene County, dismissed the application for a writ of habeas corpus; App. Div. affirmed.

SMITH, MATTER OF v LASAK (149 AD3d 845):
2nd Dept. App. Div. order of 4/12/17; denial of petition; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Proceeding Against Body or Officer--Prohibition--Whether petitioner demonstrated a clear legal right to the relief sought; App. Div. denied the petition in CPLR article 78 proceeding in the nature of prohibition, and dismissed the proceeding on the merits.

For October 20, 2017 through October 26, 2017, the following preliminary appeal statements were filed:

HUTZENLAUB, MATTER OF v VENETTOZZI (153 AD3d 1069):
3rd Dept. App. Div. order of 8/10/17; confirmation of determination; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Prisons and Prisoners--Discipline of Inmates--Violation of prison rule; whether hearing officer properly denied prisoner's request to call witnesses; alleged due process violations; alleged bias of hearing officer; assistance of counsel; collection of evidence; Supreme Court, Albany County, transferred the CPLR article 78 proceeding to the App. Div.; App. Div. confirmed the determination of the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating a prison disciplinary rule.

LOBELLO v NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY (152 AD3d 1206):
4th Dept. App. Div. order 7/7/17; modification; leave to appeal granted by App. Div., 9/29/17; Insurance--Disclaimer of Coverage--Whether the two-year limitations period set forth in the homeowner's insurance policy at issue ran from the date of burglary or from the date the insurer denied coverage for the loss--"date of loss" interpreted as date of claim denial; dismissal of affirmative defense; Supreme Court, Oswego County, among other things, granted in part defendant's cross motion for summary judgment; App. Div. modified by granting that part of plaintiff's motion seeking to dismiss defendant's affirmative defense of expiration of the two-year limitations period set forth in the policy, denying defendant's cross motion in its entirety and reinstating the complaint with respect to the loss of 9/29/09 and granting that part of the plaintiff's motion to compel defendant to produce unredacted claim notes for the 9/24/09 claim through the date of the denial letters, 9/30/11, and as so modified, affirmed.

PALACIOS, MATTER OF v SINGAS (153 AD3d 1416):
2nd Dept. App. Div. judgment of 9/27/17; denial of petition; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Proceeding against Body or Officer--Prohibition--CPLR article 78 proceeding to prohibit respondents from retrying petitioner in a criminal action entitled People v Jose Palacios, pending in County Court, Nassau County, on the ground that to do so would subject him to double jeopardy; mistrial; alleged gross misconduct of an individual acting on petitioner's behalf--unavailability of complainant at trial; App. Div. denied the CPLR article 78 petition and dismissed the proceeding.

For October 27, 2017 through November 2, 2017, the following preliminary appeal statements were filed:

BERREZUETA (STEVEN), PEOPLE v (55 Misc 3d 143(A)):
App. Term, 1st Dept. order of 5/12/17; affirmance; leave to appeal granted by DiFiore, Ch.J., 10/25/17; Rule 500.11 review pending; Crimes--Possession of a Weapon-- Whether information charging defendant with attempted criminal possession of a weapon in the fourth degree was jurisdictionally defective where it alleged that defendant possessed a switchblade that opened by means of a button located in the blade of the knife, as opposed to the handle of the knife; legal sufficiency of the evidence presented at trial; Penal Law § 265.00(4); Criminal Court of the City of New York, New York County, convicted defendant of attempted criminal possession of a weapon in the fourth degree and possession of a weapon or dangerous instrument within the Transit Authority, and imposed sentence; App. Term affirmed.

CHRISTIE, MATTER OF v ANNUCCI (153 AD3d 991):
3rd Dept. App. Div. order of 8/3/17; confirmation of determination; sua sponte examination whether any jurisdictional basis exists for an appeal as of right; Prisons and Prisoners--Discipline of Inmates--Petitioner's right to access certain information regarding evidence testing apparatus; application of 7 NYCRR 1020.4, 1020.5; alleged due process violation; Supreme Court, Sullivan County, transferred the CPLR article 78 proceeding to the App. Div., Third Dept.; App. Div. confirmed the determination finding petitioner guilty of violating a prison disciplinary rule.

GATES (RICKY D.), PEOPLE v (152 AD3d 1222):
4th Dept. App. Div. order of 7/7/17; reversal; leave to appeal granted by Winslow, J., 9/29/17; Rule 500.11 review pending; Crimes--Appeal--Whether defendant is precluded from challenging on appeal oral order denying suppression; defendant did not request that suppression ruling be memorialized in writing; suppression--whether state trooper had a founded suspicion of criminality so as to justify trooper's level two common-law inquiry under People v De Bour (40 NY2d 210 [1985]); County Court, Jefferson County, convicted defendant, upon a guilty plea, of possessing or transporting 30,000 or more unstamped cigarettes, in violation of Tax Law § 1814(c)(2); App. Div. reversed, vacated defendant's guilty plea, granted that part of the omnibus motion seeking to suppress physical evidence and statements, dismissed the indictment, and remitted the matter to Jefferson County Court for proceedings pursuant to CPL 470.45.

SADOWSKI v HARMON (2017 NY Slip Op 86180[U]):
2nd Dept. App. Div. order of 9/15/17; grant 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; Liens--Foreclosure--Alleged constitutional violations and improper conduct of public servants; Supreme Court, Nassau County, dismissed the action; App. Div. among other things, granted plaintiff's motion to enlarge the time to perfect the appeal and denied defendant's cross motion to dismiss the appeal for failure to timely perfect.