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For October 22, 2010 through October 28, 2010, the following preliminary appeal statements were filed:

HICKEY, MATTER OF v NEW YORK CITY DEPARTMENT OF EDUCATION (74 AD3d 458):
1st Dept. App. Div. order of 6/3/10; reversal; leave to appeal granted by App. Div., 10/5/10; SCHOOLS - TEACHERS - LETTER IN PERSONNEL FILE - HEARING PURSUANT TO EDUCATION LAW § 3020-a - CHALLENGE TO APPELLATE DIVISION ORDER HOLDING THAT, UNDER CURRENT COLLECTIVE BARGAINING AGREEMENT, TEACHER HAS NO RIGHT TO A HEARING WHERE LETTER IN PERSONNEL FILE DOES NOT RESULT IN A DISCIPLINARY CHARGE; Supreme Court, New York County granted a CPLR article 78 proceeding to the extent of directing respondent to expunge a June 3, 2008 letter from petitioner's personnel file; App. Div. reversed, denied the CPLR article 78 petition and dismissed the proceeding.

JOHNSON CITY PROFESSIONAL FIREFIGHTERS LOCAL 921 (VILLAGE OF JOHNSON CITY), MATTER OF (PROCEEDING NO. 1) VILLAGE OF JOHNSON CITY (JOHNSON CITY FIREFIGHTERS ASSOCIATION LOCAL 921 IAFF), MATTER OF (PROCEEDING NO. 2) (72 AD3d 1235):
3rd Dept. App. Div. order of 4/8/10; affirmance; leave to appeal granted by Court of Appeals, 10/14/10; ARBITRATION - MATTERS ARBITRABLE - ARBITRABILITY OF VILLAGE'S ALLEGED VIOLATION OF COLLECTIVE BARGAINING AGREEMENT WITH FIREFIGHTERS UNION PROVIDING THAT THE "VILLAGE SHALL NOT LAY-OFF ANY MEMBER OF THE BARGAINING UNIT DURING THE TERM OF THE CONTRACT" - ALLEGED APPLICATION OF LEGAL STANDARD THAT DOES NOT COMPORT WITH THE STANDARD ANNOUNCED IN YONKERS SCHOOL CROSSING GUARD UNION OF WESTCHESTER CO., CSEA v CITY OF YONKERS (39 NY2d 964 [1976]); Supreme Court, Broome County in Proceeding No. 1, among other things, granted petitioner's application pursuant to CPLR 7502 for a preliminary injunction; in Proceeding No. 2, among other things, denied petitioner's application pursuant to CPLR 7503 to stay arbitration between the parties; App. Div. affirmed.

TKESHELASHVILI v STATE OF NEW YORK (71 AD3d 1318):
3rd Dept. App. Div. order of 3/18/10; affirmance; leave to appeal granted by Court of Appeals, 10/19/10; NEGLIGENCE - PROXIMATE CAUSE - RECKLESS CONDUCT OF PLAINTIFF - DIVING INTO SHALLOW WATER - WHETHER THE APPELLATE DIVISION ERRED IN HOLDING THAT PLAINTIFF'S CONDUCT IN DIVING OFF THE COLGATE LAKE DAM INTO COLGATE LAKE WAS SO RECKLESS AS TO CONSTITUTE THE SOLE PROXIMATE CAUSE OF HIS INJURY AS A MATTER OF LAW BECAUSE HE "KNEW OR SHOULD HAVE KNOWN [THAT THE] WATER WAS TOO SHALLOW FOR DIVING"; Court of Claims, among other things, granted defendant's motion for summary judgment dismissing the claim; App. Div. affirmed.

TOLEDO v NI CHRISTO (75 AD3d 436):
1st Dept. App. Div. order of 7/6/10; affirmance; leave to appeal granted by Court of Appeals, 10/26/10; INTEREST - PREVERDICT INTEREST - PROPER METHODOLOGY FOR AWARDING PREVERDICT INTEREST ON FUTURE WRONGFUL DEATH DAMAGES - CPLR ARTICLE 50-B; Supreme Court, Bronx County, among other things, awarded interest on future damages, calculated on the value of those damages discounted to the date of death and going forward from that date to the date of judgment; App. Div. affirmed.

VEGA v RESTANI CONSTRUCTION CORP. (73 AD3d 641):
1st Dept. App. Div. order of 5/27/10; affirmance; leave to appeal granted by App. Div., 10/5/10; Rule 500.11 review pending; NEGLIGENCE - PERSONAL INJURY ACTION OF MAINTENANCE WORKER WHO ATTEMPTED TO MOVE A GARBAGE CAN ALLEGEDLY CONTAINING IMPROPERLY DISCARDED CONCRETE BLOCKS; SUMMARY JUDGMENT; CONDITIONS INHERENT IN WORK; RES IPSA LOQUITUR; Supreme Court, Bronx County denied the motion of defendant General Fence Corporation for summary judgment dismissing the complaint and all cross claims as against it; App. Div. affirmed.

For October 29, 2010 through November 4, 2010, the following preliminary appeal statements were filed:

CASADO, MATTER OF v MARKUS (74 AD3d 632):
1st Dept. App. Div. order of 6/22/10; affirmance; leave to appeal granted by Court of Appeals, 10/26/10; LANDLORD AND TENANT - RENT REGULATION - POWERS OF NEW YORK CITY RENT GUIDELINES BOARD (RGB) - WHETHER THE RGB HAS AUTHORITY TO CREATE A NEW CLASSIFICATION OF HOUSING ACCOMMODATIONS SUBJECT TO MINIMUM DOLLAR AMOUNT RENT INCREASE FOR APARTMENTS THAT HAD NOT BEEN SUBJECT TO VACANCY INCREASES FOR THE PREVIOUS SIX YEARS; Supreme Court, New York County vacated Rent Guidelines Board Orders No. 40 of 2008 and 41 of 2009 insofar as they provided for minimum dollar rent increases for rent stabilized apartments renting for less than $1,000 that had not been subject to vacancy increases for the preceeding six years; App. Div. affirmed.

KEMPER MUTUAL INSURANCE COMPANY, MATTER OF (RUSSELL) (75 AD3d 724):
3rd Dept. App. Div. order of 7/1/10; modification; leave to appeal granted by Court of Appeals, 10/19/10; INSURANCE - AUTOMOBILE INSURANCE - UNDERINSURED MOTORIST ENDORSEMENT - WHETHER THE CONDITION PRECEDENT TO THE OBLIGATION OF AN INSURER TO PAY UNDER THE SUPPLEMENTARY UNINSURED/UNDERINSURED MOTORIST (SUM) INSURANCE COVERAGE, REQUIRING EXHAUSTION OF THE LIMITS OF LIABILITY OF ALL BODILY INJURY LIABILITY BONDS OR INSURANCE POLICIES APPLICABLE AT THE TIME OF THE ACCIDENT, MAY BE SATISFIED THROUGH SETTLEMENT WITH A THIRD PARTY INSTEAD OF THE PRIMARY INSURER; ARBITRATION; Supreme Court, Schenectady County partially granted petitioners' application pursuant to CPLR 7503 to stay arbitration between the parties; App. Div. modified by reversing so much thereof as partially denied petitioners' application, granted the application in its entirety and stayed arbitration between the parties and affirmed as so modified.

KOZIOL, MATTER OF (76 AD3d 1136):
3rd Dept. App. Div. order of 9/23/10; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right from the September 23, 2010 Appellate Division, Third Department order and whether an appeal pursuant to CPLR 5601(d) lies to obtain review of a February 5, 2010 Appellate Division, Fourth Department order; ATTORNEY AND CLIENT - DISCIPLINARY PROCEEDINGS - APPELLATE DIVISION ORDER FINDING ATTORNEY GUILTY OF PROFESSIONAL MISCONDUCT AND SUSPENDING HIM FROM THE PRACTICE OF LAW FOR ONE YEAR; App. Div. granted petitioner Grievance Committee's motion to confirm two Referees' reports sustaining in part charges of professional misconduct alleged in a petition filed in August 2008 and sustaining in full charges of professional misconduct alleged in a petition filed in May 2009; denying respondent attorney's cross motion to, among other things, set aside both reports and dismiss the petitions; finding respondent guilty of professional misconduct as set forth in the court's decision; and suspending respondent from the practice of law for a period of one year.

MAKARIUS v PORT AUTHORITY OF NEW YORK and NEW JERSEY (76 AD3d 805):
1st Dept. App. Div. order of 9/7/10; modification with dissents; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution; LABOR - SAFE PLACE TO WORK - PLAINTIFF AT CONSTRUCTION SITE INJURED WHEN TRANSFORMER THAT HAD BEEN AFFIXED TO THE WALL FELL AND STRUCK PLAINTIFF ON THE HEAD - WHETHER THE INJURY THAT OCCURRED WAS AMONG THE TYPES OF HAZARDS INTENDED TO BE COVERED BY LABOR LAW § 240(1); SUMMARY JUDGMENT; Supreme Court, New York County, among other things, denied defendant Port Authority's motion for summary judgment dismissing plaintiff's causes of action under Labor Law §§ 200 and 240(1) and for common law negligence (the first order); in a separate order, the same court granted plaintiff's motion for partial summary judgment on the issue of defendant Port Authority's liability under Labor Law § 240(1) (the second order); App. Div. modified the first order by dismissing the cause of action under Labor Law § 240(1), otherwise affirmed the first order and dismissed as academic defendant Port Authority's appeal from the second order.

SHELLFISH, INC. v NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (76 AD3d 975):
2nd Dept. App. Div. order of 9/14/10; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support the appeal taken as of right and whether the proceeding is moot; ENVIRONMENTAL CONSERVATION - HUNTING AND FISHING LICENSES - SURF CLAM PERMIT - CHALLENGE TO APPELLATE DIVISION ORDER HOLDING, AMONG OTHER THINGS, THAT OWNER OF A PERMIT-HOLDING VESSEL'S FAILURE TIMELY TO NOTIFY NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION OF THE VESSEL'S SALE, TRANSFER OR REPLACEMENT PRECLUDED OWNER "FROM SEEKING TO REVIVE THE OTHERWISE ACADEMIC QUESTION OF WHETHER IT WAS PROPERLY DENIED THE 2008 PERMIT FOR A SECOND VESSEL"; Supreme Court, Suffolk County order and judgment that, as relevant here, dismissed the hybrid CPLR article 78 proceeding and declaratory judgment action upon the ground that it had been rendered academic; App. Div. affirmed on other grounds.