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For October 18, 2019 through October 24, 2019, the following preliminary appeal statements were filed:

CUCCERALDO (JACK J.), PEOPLE v (64 Misc 3d 30):
App. Term, 2nd Dept., 9th and 10th Judicial Districts order of 5/23/19; reversal; leave to appeal granted by Fahey, J., 10/3/19; Motor Vehicles--Traffic Infractions-- Whether hearing officer properly entered default judgments against defendant when defendant pleaded not guilty to charges alleging violations of the Vehicle and Traffic Law and requested trial but failed to appear for trial and no trial was held; District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, convicted defendant, upon his failure to appear at trial, of operating a motor vehicle without insurance, unlicensed operation of a motor vehicle, operating a motor vehicle upon a public highway while using a mobile telephone, and operating a motor vehicle without distinctive number license plates, respectively, and imposed sentences; App. Term reversed judgments of conviction, remitted any paid fines and surcharges, and remitted the matters to District Court for further proceedings.

GREENE v ESPLANADE VENTURE PARTNERSHIP (172 AD3d 1013):
2nd Dept. App. Div. order of 5/15/19; reversal with dissents; leave to appeal granted by App. Div., 10/9/19; Pleading--Amendment--Whether Supreme Court improvidently exercised its discretion to grant that branch of plaintiffs' motion which was for leave to amend the complaint to add a cause of action sounding in negligent infliction of emotional distress, alleging, among other things, that plaintiff grandmother suffered emotional distress as a result of witnessing the fatal injury sustained by her granddaughter while plaintiff grandmother was within the "zone of danger"; Supreme Court, Kings County, granted that branch of plaintiffs' motion which was for leave to amend the amended complaint to add a cause of action sounding in negligent infliction of emotional distress; App. Div. reversed and denied that branch of plaintiffs' motion which was for leave to amend the amended complaint to add a cause of action sounding in negligent infliction of emotional distress.

NARRA CHIROPRACTIC, P.C. A/A/O MAYRA CHICA v STATE FARM MUTUAL AUTOMOBILE INS. CO.:
New York Civil Court, Bronx County order 6/21/19; dismissal of complaint; sua sponte examination whether a direct appeal lies pursuant to CPLR 5601(b)(2); Constitutional Law--Validity of Regulation--Whether 11 NYCRR 65-3.8(g)(1) (ii) and (g)(2) are ultra vires, and therefore, unconstitutional; New York Civil Court, Bronx County, granted defendant's motion for summary judgment dismissing plaintiff's complaint, denied plaintiff's cross-motion, and dismissed plaintiff's complaint.

PETTUS v BOARD OF DIRECTORS, OWNERS 800 GRAND CONCOURSE (2019 NY Slip Op 80526[U]):
App. Term, 1st Dept. order of 9/26/19; denial of motions; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution and whether any jurisdictional basis exists for an appeal as of right; Appeal- -Appealable Order; App. Term denied appellant's motion for an order seeking various relief and granted respondents' cross-motion to the extent of enjoining appellant from filing any papers in the App. Term that have any relation to or connection with the instant matter without prior leave of court.

TOUSSAINT v THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY (174 AD3d 42):
1st Dept. App. Div. order of 5/30/19; modification with dissents; leave to appeal granted by App. Div., 9/26/19; Labor--Safe Place to Work--Whether the requirement in the Industrial Code that a "designated person" operate a power buggy is sufficiently specific to support a claim under Labor Law § 241(6); Supreme Court, New York County, granted the summary judgment motion of defendants the The Port Authority of New York and New Jersey and Granite Construction Northeast, Inc. (GCN) to the extent of serving and dismissing the Labor Law § 200 claim, severing and dismissing all claims against GCN, severing and dismissing the Labor Law § 241(6) claims premised on violations of the Industrial Code except 12 NYCRR 23-9.9(a), and otherwise denied summary judgment; App. Div. modified, upon a search of the record, to grant plaintiff summary judgment as to liability on the Labor Law § 241(6) claim insofar as it was predicted on 12 NYCRR23-9.9(a) as against defendant The Port Authority of New York and New Jersey, and as so modified, affirmed.

For October 25, 2019 through October 31, 2019, the following preliminary appeal statements were filed:

MATTER OF ANONYMOUS:
1st Dept. App. Div. order of 9/6/19; sua sponte examination of 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; Attorney and Client--Disciplinary Proceedings--Order directing attorney to submit to medical and psychiatric examination; alleged constitutional violations; App. Div., inter alia, granted the motion of Attorney Grievance Committee for the First Department for an order pursuant to 22 NYCRR 1240.14(b) directing respondent attorney to submit to a medical examination by a qualified expert selected by the Committee to determine whether she is incapacitated from continuing to practice law by reason of physical or mental infirmity.

DOE v BLOOMBERG, L.P. (— AD3d —, 2019 NY Slip Op 06728):
1st Dept. App. Div. order of 9/24/19; reversal with two Justice dissent; Civil Rights--New York City Human Rights Law--Whether an individual owner or officer of corporate employer may be held strictly liable under the New York City Human Rights Law (Administrative Code of City of NY § 8-107[13][b]) where plaintiff fails to allege that individual owner or officer encouraged, condoned or approved of alleged discriminatory conduct; Supreme Court, Bronx County, granted defendant Bloomberg's motion to dismiss the complaint against him; thereafter, upon reargument, denied defendant Bloomberg's motion to dismiss the first, second and third causes of action as against him; App. Div. reversed, granted the motion, and directed the Clerk to enter judgment dismissing the complaint as against defendant.

HEMPHILL (DARRYL), PEOPLE v (173 AD3d 471):
1st Dept. App. Div. order of 6/11/19; affirmed; leave to appeal granted by Manzanet-Daniels, J., 10/1/19; Rule 500.11 review pending; Crimes--Evidence-- Whether the verdict convicting defendant of two counts of second-degree murder is supported by legally sufficient evidence; Crimes--Right of Confrontation--Whether defendant was denied right to confront witness against him; Crimes--Appeal-- Preservation of Issue for Review--Whether defendant failed to preserve his claim that trial court erred in denying his request to call grand jury court reporter in order to impeach another witness; Crimes--Right to be Present at Trial--Whether the trial court violated defendant's right to be present at trial when it removed him from the courtroom prior to the jury being polled; Crimes--Evidence--Whether trial court properly declined to hold a hearing pursuant to Franks v Delaware (438 US 154 [1978]) to address validity of statements made in affidavit filed in support of search warrant; Crimes--Speedy trial--Whether the trial court properly denied defendant's constitutional speedy trial motion; Crimes--Jurors--Whether the trail court erred in denying defendant's request to adjourn sentencing to allow the defense to investigate alleged juror misconduct; Supreme Court, Bronx County, convicted defendant of murder in the second degree and imposed sentence; App. Div. affirmed.

For November 1, 2019 through November 7, 2019, the following preliminary appeal statements were filed:

SUN v SANDERS; SUN v ZEVE (— AD3d —, 2019 NY Slip Op 07010):
1st Dept. App. Div. order of 10/1/19; affirmance; sua sponte examination of whether any jurisdictional basis exists for an appeal as of right; Dismissal and Nonsuit-- Dismissal of Complaint; Supreme Court, New York County, granted defendants' motion to dismiss the complaint (2/26/18 order); thereafter, granted defendant Oren L. Zeve's motion to dismiss the complaint (2/28/18 order); App. Div. affirmed both orders.