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For October 9, 2020 through October 15, 2020, the following preliminary appeal statements were filed:

ALEXANDRA R. v KRONE (186 AD3d 981):
4th Dept. App. Div. order 8/20/20, in Appeals No. 1, 2, 3, and 4; reversal; sua sponte examination of whether the order appealed from finally determines the actions within the meaning of the Constitution and whether the two-Justice dissent at the Appellate Division is on a question of law in favor of appellants; Motor Vehicles-- Collision--Whether the weight of the evidence supports Supreme Court's determination that defendant acted with reckless disregard for the safety of others as required to impose liability against him under Vehicle and Traffic Law § 1103(b); Supreme Court, Erie County, adjudged that defendant Eric J. Krone acted with reckless disregard for the safety of others and that he is 35 percent liable for the subject collision (judgments 2/1/19, 2/20/19, 2/27/19 and 4/4/19); App. Div. reversed and dismissed the amended complaint against defendant Eric J. Krone.

WAKEFIELD (JOHN), PEOPLE v (175 AD3d 158):
3rd Dept. App. Div. order of 8/15/19; affirmance; leave to appeal granted by Fahey, J., 9/29/20; Crimes--Evidence--DNA Identification Tests--Whether the trial courts Frye ruling was erroneous because defendant was not provided the opportunity to review the source code underlying the software program that was used to arrive at DNA probability statistics used as evidence against him; Crimes-- Right of Confrontation--Whether defendant's right to confront witnesses was violated by not having access to the source code; Supreme Court, Schenectady County, convicted defendant, upon a jury verdict, of murder in the first degree and robbery in the first degree; App. Div. affirmed.

For October 16, 2020 through October 22, 2020, the following preliminary appeal statements were filed:

LIPIN, ESTATE OF v LIPIN (184 AD3d 464):
1st Dept. App. Div. order of 6/11/20; affirmance; sua sponte examination of whether any jurisdictional basis exists for an appeal as of right; Appeal; Supreme Court, New York County, among other things, denied defendant's motions to dismiss the litigation and granted plaintiffs' motion for summary judgment in lieu of complaint renewing the 2008 money judgment; and thereafter, renewed 2008 money judgment in favor of plaintiffs against defendant; App. Div. affirmed and dismissed appeals from prior orders as subsumed in appeal from the judgment.

LIPIN v DANSKE BANK (184 AD3d 464):
1st Dept. App. Div. order of 6/11/20; affirmance; sua sponte examination of whether any jurisdictional basis exists for an appeal as of right; Appeal; Supreme Court, New York County, among other things, denied plaintiff's motions to renew a January 2018 motion to vacate prior orders, for a default judgment against defendants, for a cease and desist order, and to hold certain defendants and other in criminal and civil contempt, granted defendants' motions for sanctions and attorneys' fees, referred the issue to a special referee, and imposed a fine of $250 on plaintiff for contempt, and granted defendants' motion to confirm a special referee's report awarding them attorneys' fees; and thereafter, granted defendants' motions to hear and report, and ordered plaintiff to pay reasonable attorneys' fees and expenses to certain defendants; App. Div. affirmed, imposed litigation injunction, and granted motion for further sanctions.

For October 23, 2020 through October 29, 2020, the following preliminary appeal statements were filed:

JOHNSON, MATTER OF v CITY OF NEW YORK; WORKERS' COMPENSATION BOARD (180 AD3d 1134):
3rd Dept. App. Div. order of 2/6/20; affirmance; leave to appeal granted by Court of Appeals, 10/20/20; Workers' Compensation--Award--Whether an award of workers' compensation benefits for a schedule of loss of use (SLU) attributable to an injury to one part of a qualifying limb must be offset by a prior award for an injury involving a different part of the same qualifying limb; Workers' Compensation Board, among other things, ruled that claimant sustained a 30% schedule loss of use of his left leg and a 0% schedule loss of use of his right leg as a result of a February 2006 accident; App. Div. affirmed.

KONKUR v UTICA ACADEMY OF SCIENCE CHARTER SCHOOL; TURKISH CULTURAL CENTER AND HIGH WAY EDUCATION, INC. (181 AD3d 1271):
4th Dept. App. Div. order of 3/13/20; reversal; leave to appeal granted by Court of Appeals, 10/15/20; Labor--Hours and Wages--Whether the Appellate Division erred in dismissing plaintiff's cause of action pursuant to Labor Law § 198-b on the ground that the statute does not provide for a private right of action; Supreme Court, Oneida County, among other things, denied in part the motion of defendant High Way Education, Inc., doing business as Turkish Cultural Center, incorrectly sued as Turkish Cultural Center and Highway Education, Inc., to dismiss the complaint against it; App. Div. reversed order insofar as appealed from and dismissed plaintiff's complaint against defendant High Way Education, Inc. in its entirety.

MILLER, MATTER OF v ANNUCCI (2019 NY Slip Op 83776[U]):
3rd Dept. App. Div. order of 11/7/19; dismissal; leave to appeal granted by Court of Appeals, 9/15/20; Rule 500.11 review pending; Appeal--Timeliness--Whether the Appellate Division properly dismissed the appeal as untimely; Supreme Court, Albany County, dismissed complaint/petition; App. Div. dismissed the appeal as untimely taken.

ROMINE v LAURITO (2020 NY Slip Op 72163[U]):
3rd Dept. App. Div. order of 9/18/20; dismissal; sua sponte examination of 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; Motions and Orders; Supreme Court, Ulster County, denied motions to reargue and renew; App. Div. denied motion to vacate dismissal of appeal and for extension of time to perfect appeal.

STATE OF NEW YORK, MATTER OF v KERRY K. (ANONYMOUS) (188 AD3d 30):
2nd Dept. App. Div. order of 9/2/20; affirmance; 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; Crimes--Sex Offenders--Civil Commitment or Supervision--Where sex offender is awaiting retrial on the issue of mental abnormality, whether Mental Hygiene Law requires that sex offender be detained pending the new trial; alleged due process violation; Supreme Court, Suffolk County, committed appellant to a secure treatment facility pending the completion of a new trial on the issue of mental abnormality, and, if necessary, a new dispositional hearing; App. Div. affirmed.