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For October 17, 2014 through October 23, 2014, the following preliminary appeal statements were filed:

ALVAREZ v NYLL MANAGEMENT LTD. (120 AD3d 1043):
1st Dept. App. Div. order of 9/11/14; affirmance with two-Justice dissent; Rule 500.11 review pending; INSURANCE - NO-FAULT AUTOMOBILE INSURANCE - SERIOUS INJURY - WHETHER DEFENDANTS WERE ENTITLED TO SUMMARY JUDGMENT UPON THE GROUND THAT PLAINTIFF FAILED TO ESTABLISH THE EXISTENCE OF A MATERIAL ISSUE OF FACT THAT SHE SUSTAINED A SERIOUS INJURY WITHIN THE MEANING OF INSURANCE LAW § 5102(d); Supreme Court, Bronx County, granted defendants' motion for summary judgment dismissing the complaint based on plaintiff's failure to establish a serious injury within the meaning of Insurance Law § 5102(d); App. Div. affirmed.

FLINTLOCK CONSTRUCTION SERVICES v WEISS (122 AD3d 51):
1st Dept. App. Div. order of 8/14/14; affirmance with two-Justice dissent; ARBITRATION - DENIAL OF PETITION TO PERMANENTLY STAY ARBITRATION OF PUNITIVE DAMAGES CLAIM - WHETHER THE APPELLATE DIVISION CORRECTLY RULED THAT THE PETITION WAS PROPERLY DENIED UNDER MASTROBUONO v SHEARSON LEHMAN HUTTON (514 US 52 [1995]), WHERE THE RELEVANT AGREEMENTS PROVIDED FOR ARBITRATION PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION BECAUSE, UNDER THE FEDERAL ARBITRATION ACT, IT IS FOR THE ARBITRATORS, NOT THE COURTS, TO DETERMINE THE AVAILABILITY OF PUNITIVE DAMAGES IN THE ABSENCE OF LANGUAGE EXPRESSLY EXCLUDING CLAIMS FOR PUNITIVE DAMAGES, EVEN THOUGH THE AGREEMENTS PROVIDE FOR APPLICATION OF NEW YORK LAW AND THE PUBLIC POLICY OF NEW YORK PROHIBITS ARBITRATION OF PUNITIVE DAMAGES; Supreme Court, New York County, denied the petition to stay arbitration of respondent's claims for punitive damages; App. Div. affirmed.

GENTIL, MATTER OF v MARGULIS (120 AD3d 1414):
2nd Dept. App. Div. order of 9/24/14; grant of petition; PROCEEDING AGAINST BODY OR OFFICER - PROHIBITION - CPLR ARTICLE 78 PROCEEDING TO PROHIBIT RESPONDENTS FROM RETRYING PETITIONER ON TWO COUNTS OF THE INDICTMENT IN PEOPLE v GENTIL ON THE GROUND THAT TO DO SO WOULD SUBJECT HIM TO DOUBLE JEOPARDY - TRIAL COURT DECLINED TO ACCEPT A PARTIAL VERDICT - DISCHARGE OF JUROR - MISTRIAL; App. Div. granted the petition and prohibited respondents from retrying petitioner on counts two and three in the criminal action entitled People v Gentil.

JOHN (SEAN), PEOPLE v (120 AD3d 511):
2nd Dept. App. Div. order of 8/6/14; affirmance; leave to appeal granted by Hall, J., 10/20/14; Rule 500.11 review pending; CRIMES - UNLAWFUL SEARCH AND SEIZURE - PLAIN VIEW DOCTRINE - WHETHER THE APPELLATE DIVISION CORRECTLY HELD THAT THE POLICE VALIDLY SEIZED A BOX MARKED "SMITH AND WESSON" UNDER THE PLAIN VIEW DOCTRINE AND LAWFULLY OPENED THE BOX, WHICH CONTAINED A HANDGUN AND AMMUNITION, BECAUSE SUCH CONTENTS COULD BE INFERRED FROM THE "SMITH AND WESSON" MARKING ON THE OUTSIDE OF THE BOX - WARRANTLESS ENTRY INTO BASEMENT OF BROWNSTONE - PROBABLE CAUSE TO OBTAIN DNA SAMPLE FROM DEFENDANT; EVIDENCE - WHETHER THE TRIAL COURT ERRED IN ALLOWING EVIDENCE OF DEFENDANT'S ALLEGED ASSAULT ON HIS GIRLFRIEND; ALLEGED PROSECUTORIAL MISCONDUCT IN SUMMATION; ALLEGED INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL; Supreme Court, Kings County, convicted defendant, upon a jury verdict, of criminal possession of a weapon in the second degree and menacing in the second degree, and imposed sentence; App. Div. affirmed.

MERCADO (JEFFREY), PEOPLE v (120 AD3d 441):
1st Dept. App. Div. order of 8/28/14; affirmance; leave to appeal granted by Acosta, J., 10/16/14; CRIMES - UNLAWFUL SEARCH AND SEIZURE - SEARCH OF VEHICLE AND TRUNK - FOUNDED SUSPICION OF CRIMINALITY BASED UPON TOTALITY OF KNOWN CIRCUMSTANCES - VOLUNTARINESS OF CONSENT TO SEARCH OF VEHICLE AND TRUNK; Supreme Court, New York County, convicted defendant of criminal possession of a controlled substance in the third degree, and sentenced him, as a second felony drug offender, to a term of 3 1/2 years; App. Div. affirmed.

SMITH (GLENN S.), PEOPLE v (43 Misc 3d 71):
App. Term, 9th and 10th Judicial Districts, order of 3/10/14; reversal; leave to appeal granted by Rivera, J., 10/6/14; CRIMES - APPEAL - WHETHER DEFENDANT WAS REQUIRED TO SUBMIT AN AFFIDAVIT OF ERRORS UPON TAKING AN APPEAL TO APPELLATE TERM, WHERE DEFENDANT PROVIDED AN ELECTRONIC RECORDING OF THE UNDERLYING PROCEEDING INSTEAD OF A STENOGRAPHIC TRANSCRIPTION - CPL 460.10(3); Village of Goshen Justice Court, Orange County, convicted defendant, upon a jury verdict, of resisting arrest and disorderly conduct; App. Term reversed and dismissed the accusatory instrument.

For October 24, 2014 through October 30, 2014, the following preliminary appeal statements were filed:

ECHEVARRIA, MATTER OF v WAMBUA (116 AD3d 418):
1st Dept. App. Div. order of 4/1/14; reversal; leave to appeal granted by Court of Appeals, 10/21/14; PARTIES - STANDING - CHALLENGE TO PUBLIC HOUSING OCCUPANCY WAIVER - WHETHER PETITIONER, AS HEAD OF A FIVE-PERSON HOUSEHOLD LIVING IN A TWO-BEDROOM APARTMENT, LACKED STANDING TO CHALLENGE THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT'S (HPD) WAIVER OF THE SIX-PERSON OCCUPANCY REQUIREMENT FOR A FOUR-BEDROOM APARTMENT IN A MITCHELL-LAMA BUILDING, WHERE THE WAIVER WAS GRANTED TO ANOTHER FIVE-PERSON FAMILY WHO FILED AN APPLICATION FOR THE APARTMENT, PETITIONER HAD NOT SUBMITTED AN APPLICATION, AND HPD LATER DETERMINED THAT IT DID NOT HAVE AUTHORITY TO GRANT SUCH A WAIVER; Supreme Court, New York County, granted the CPLR article 78 petition to annul respondent Commissioner's determination to award an apartment to the Andermanis respondents, to the extent of remanding the matter to HPD; App. Div. reversed, denied the petition and the HPD's cross motion to remand, granted the cross motion to dismiss and dismissed the CPLR article 78 proceeding.

WALLY G. v NEW YORK CITY HEALTH AND HOSPITALS CORPORATION (120 AD3d 1082):
1st Dept. App. Div. order of 9/18/14; affirmance with two-Justice dissent; Rule 500.11 review pending; MUNICIPAL CORPORATIONS - NOTICE OF CLAIM - LATE NOTICE - WHETHER THE APPELLATE DIVISION ERRED IN CONCLUDING THAT MEDICAL RECORDS DID NOT PUT HOSPITAL ON NOTICE OF ALLEGED MEDICAL MALPRACTICE BECAUSE INFANT'S CONDITION WAS CONSISTENT WITH PREMATURE BIRTH RATHER THAN MALPRACTICE; Supreme Court, New York County, granted reargument and, upon reargument, adhered to its prior order, entered 1/26/12, which denied plaintiff's motion for leave to serve a late notice of claim and granted defendant's cross motion to dismiss the complaint; App. Div. affirmed.

JORDAN v JORDAN (120 AD3d 632):
2nd Dept. App. Div. order of 8/20/14; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; PARTIES - STANDING - WHETHER THE COURTS BELOW CORRECTLY HELD THAT PLAINTIFF LACKED STANDING TO BRING A SURVIVAL ACTION FOR PERSONAL INJURIES SUSTAINED BY A DECEDENT AND A WRONGFUL DEATH ACTION BECAUSE THE TEMPORARY LETTERS OF ADMINISTRATION ISSUED TO PLAINTIFF WERE REVOKED BEFORE COMMENCEMENT OF THIS ACTION; Supreme Court, Kings County, granted defendant's motion, in effect, pursuant to CPLR 3211 (a) (3) to dismiss the complaint for lack of standing; App. Div. affirmed.

MONROE EQUITIES LLC v STATE OF NEW YORK:
Court of Claims order of 10/1/14; dismissal of claim; sua sponte examination whether the only question involved in the appeal is the constitutional validity of a statutory provision; CONSTITUTIONAL LAW - TAKING OF PROPERTY - REGULATION ENACTED PRIOR TO PURCHASE OF PROPERTY BY CLAIMANT - LIMITATION OF USES DUE TO REGULATION; Court of Claims denied claimant's motion for summary judgment on the issue of liability and granted defendant's motion for summary judgment dismissing the claim.