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For October 21, 2016 through October 27, 2016, the following preliminary appeal statements were filed:

PLAINVIEW-OLD BETHPAGE CONGRESS OF TEACHERS, MATTER OF v NEW YORK STATE HEALTH INSURANCE PLAN (140 AD3d 1329):
3rd Dept. App. Div. order of 6/9/16; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; CIVIL SERVICE - COMPENSATION AND BENEFITS - HEALTH INSURANCE - WHETHER A POLICY MEMORANDUM ISSUED BY THE DEPARTMENT OF CIVIL SERVICE THAT REQUIRES LOCAL UNITS OF GOVERNMENT WHO CHOOSE TO PARTICIPATE IN THE NEW YORK STATE HEALTH INSURANCE PLAN TO LIMIT THE "OPT OUT PROGRAMS" THEY OFFER THEIR EMPLOYEES, CONSTITUTES A "RULE OR REGULATION" SUBJECT TO CONSTITUTIONAL AND STATUTORY FILING REQUIREMENTS; STATUTE OF LIMITATIONS; STANDING; Supreme Court, Albany County, among other things, granted petitioners' application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to annul a certain policy memorandum issued by respondent Department of Civil Service; App. Div. affirmed.

ROSLYN TEACHERS ASSOCIATION, MATTER OF v NEW YORK STATE HEALTH INSURANCE PLAN (140 AD3d 1332):
3rd Dept. App. Div. order of 6/9/16; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; CIVIL SERVICE - COMPENSATION AND BENEFITS - HEALTH INSURANCE - WHETHER A POLICY MEMORANDUM ISSUED BY THE DEPARTMENT OF CIVIL SERVICE THAT REQUIRES LOCAL UNITS OF GOVERNMENT WHO CHOOSE TO PARTICIPATE IN THE NEW YORK STATE HEALTH INSURANCE PLAN TO LIMIT THE "OPT OUT PROGRAMS" THEY OFFER THEIR EMPLOYEES, CONSTITUTES A "RULE OR REGULATION" SUBJECT TO CONSTITUTIONAL AND STATUTORY FILING REQUIREMENTS; STATUTE OF LIMITATIONS; STANDING; Supreme Court, Albany County, among other things, granted petitioners' application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to annul a certain policy memorandum issued by respondent Department of Civil Service; App. Div. affirmed.

SUN v DICK BAILEY SERVICE, INC. (143 AD3d 891):
2nd Dept. App. Div. order of 10/19/16; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; DISMISSAL AND NONSUIT - DISMISSAL OF COMPLAINT - FAILURE TO STATE A CAUSE OF ACTION; Supreme Court, Kings County, granted defendants' motion to dismiss the complaint pursuant to CPLR 3211(a)(7) for failure to state a cause of action; App. Div. affirmed.

SUN v LAM (143 AD3d 891):
2nd Dept. App. Div. order of 10/19/16; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; DISMISSAL AND NONSUIT - DISMISSAL OF COMPLAINT - FAILURE TO STATE A CAUSE OF ACTION; Supreme Court, Queens County, granted defendants' motion to dismiss the complaint pursuant to CPLR 3211(a)(7) for failure to state a cause of action; App. Div. affirmed.

For October 28, 2016 through November 3, 2016, no preliminary appeal statements were filed.

For November 4, 2016 through November 10, 2016, the following preliminary appeal statements were filed:

CANGRO v ROSADO (2016 NY Slip Op 88141[U]):
1st Dept. App. Div. order of 10/13/16; denial 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; APPEALS - APPELLATE DIVISION - DENIAL OF MOTION FOR LEAVE TO FILE APPELLATE BRIEF AND APPENDIX; Supreme Court, New York County, denied plaintiff's motion for various types of relief; App. Div. denied plaintiff's motion for leave to file an appellate brief and appendix, and directed the Clerk not to accept any further motions and/or filings in this matter without plaintiff first obtaining prior leave of court.

DORMITORY AUTHORITY OF THE STATE OF NEW YORK v SAMSON CONSTRUCTION CO. (137 AD3d 433):
1st Dept. App. Div. order of 3/3/16; modification; leave to appeal granted by App. Div., 10/18/16; NEGLIGENCE - ARCHITECT'S MALPRACTICE - WHETHER DORMITORY AUTHORITY MAY PURSUE A NEGLIGENCE CLAIM AGAINST THE ARCHITECT IN ADDITION TO ITS BREACH OF CONTRACT CLAIM ARISING OUT OF DAMAGES INCURRED DURING SITE EXCAVATION FOR THE CONSTRUCTION PROJECT'S FOUNDATION; PARTIES - WHETHER CITY OF NEW YORK, A NONPARTY TO THE UNDERLYING CONSTRUCTION CONTRACT, CAN ASSERT A CLAIM AS A THIRD-PARTY BENEFICIARY AS ULTIMATE END-USER OF THE BUILDING TO BE CONSTRUCTED; Supreme Court, New York County, among other things, granted in part of defendant Perkins Eastman Architects, P.C.'s motion for summary judgment seeking dismissal of the fifth cause of action, for breach of contract, and denied the part of the motion seeking dismissal of the sixth cause of action, for negligence; App. Div. modified to deny the motion as to the fifth cause of action, and otherwise affirmed.