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For November 1, 2013 through November 7, 2013, the following preliminary appeal statements were filed:

COLESON v CITY OF NEW YORK (106 AD3d 474):
1st Dept. App. Div. order of 5/9/13; affirmance; leave to appeal granted by App. Div., 10/15/13; MUNICIPAL CORPORATIONS - TORT LIABILITY - SPECIAL RELATIONSHIP - WHETHER THERE IS ANY EVIDENCE THAT CITY POLICE OR OTHER CITY EMPLOYEES ASSUMED AN AFFIRMATIVE DUTY TO PROTECT PLAINTIFF FROM ATTACKS BY HER HUSBAND - DUTY OF CARE; SUMMARY JUDGMENT; Supreme Court, Bronx County, granted defendants' motion for summary judgment dismissing the complaint; App. Div. affirmed.

DOWNING v FIRST LENOX TERRACE ASSOCIATES (107 AD3d 86):
1st Dept. App. Div. order of 4/25/13; reversal; leave to appeal granted by App. Div., 10/22/13; ACTIONS - CLASS ACTIONS - MOTION TO DISMISS PUTATIVE CLASS ACTION - WHETHER PURPORTED CLASS ACTION SEEKING RECOVERY OF ALLEGED UNLAWFUL RENT OVERCHARGES UNDER THE RENT STABILIZATION LAW (RSL) SHOULD BE DISMISSED PURSUANT TO CPLR 901(b), WHICH, WITH AN EXCEPTION NOT APPLICABLE IN THIS CASE, PROHIBITS CLASS ACTIONS TO RECOVER STATUTORY PENALTIES, WHERE RSL § 26-516(a) MANDATES A PENALTY OF TREBLE DAMAGES IN CERTAIN CIRCUMSTANCES - A PUTATIVE CLASS REPRESENTATIVE HAS WAIVED THE RIGHT OF THE CLASS TO SEEK TREBLE DAMAGES AND CLASS MEMBERS MAY OPT OUT TO PURSUE TREBLE DAMAGES IN INDIVIDUAL ACTIONS; Supreme Court, New York County, upon renewal, granted defendants' motion to dismiss plaintiffs-tenants' action; App. Div. reversed, denied the motion and remanded the matter for further proceedings to determine whether the allegations in the amended complaint satisfy the criteria for a class action set forth in CPLR 901(a).

GUDZ v JEMROCK REALTY COMPANY, LLC (105 AD3d 625):
1st Dept. App. Div. order of 4/25/13; affirmance with dissents; leave to appeal granted by App. Div., 10/22/13; ACTIONS - CLASS ACTIONS - MOTION TO DISMISS PUTATIVE CLASS ACTION - WHETHER PURPORTED CLASS ACTION SEEKING RECOVERY OF ALLEGED UNLAWFUL RENT OVERCHARGES UNDER THE RENT STABILIZATION LAW (RSL), SHOULD BE DISMISSED PURSUANT TO CPLR 901(b), WHICH, WITH AN EXCEPTION NOT APPLICABLE IN THIS CASE, PROHIBITS CLASS ACTIONS TO RECOVER STATUTORY PENALTIES, WHERE RSL § 26-516(a) MANDATES A PENALTY OF TREBLE DAMAGES IN CERTAIN CIRCUMSTANCES - A PUTATIVE CLASS REPRESENTATIVE HAS WAIVED THE RIGHT OF THE CLASS TO SEEK TREBLE DAMAGES - WHETHER SUCH WAIVER DISQUALIFIES PLAINTIFF AS AN ADEQUATE CLASS REPRESENTATIVE - WHETHER THE RENT OVERCHARGE CLAIMS CAN BE DETERMINED ON A CLASS-WIDE BASIS - ALLEGED PROCEDURAL ERRORS IN MOTION FOR CLASS CERTIFICATION; Supreme Court, New York County, upon reargument, adhered to its prior order granting plaintiff's motion for class certification; App. Div. affirmed.

KASSE (HAROUNA), PEOPLE v (2013 NY Slip Op 51022[U]):
1st Dept. App. Term order of 6/28/13; affirmance; leave to appeal granted by Lippman, Ch. J., 10/22/13; Rule 500.11 review pending; CRIMES - ACCUSATORY INSTRUMENT - CLAIMED FACIAL INSUFFICIENCY OF MISDEMEANOR COMPLAINT - WHETHER ALLEGATIONS PROVIDED REASONABLE CAUSE TO BELIEVE THAT DEFENDANT SOLD OR OFFERED TO SELL GOODS IN A PUBLIC PLACE; Criminal Court of City of New York, New York County, convicted defendant, upon his guilty plea, of unlicensed general vending, and imposed sentence; App. Term affirmed.

KILDUFF, MATTER OF v ROCHESTER CITY SCHOOL DISTRICT (107 AD3d 1536):
4th Dept. App. Div. order of 6/14/13; reversal; leave to appeal granted by Court of Appeals, 10/22/13; SCHOOLS - TEACHERS - COLLECTIVE BARGAINING AGREEMENT - WHETHER APPELLATE DIVISION ERRED IN DETERMINING THAT, BASED ON EDUCATION LAW § 3020(1) AND THE EFFECTIVE DATE OF THE RELEVANT COLLECTIVE BARGAINING AGREEMENT, PETITIONER SHOULD HAVE BEEN GIVEN A CHOICE AS TO WHETHER SHE WANTED A SECTION 3020-a HEARING OR TO USE THE DISCIPLINARY PROCEDURES IN THE COLLECTIVE BARGAINING AGREEMENT; Supreme Court, Monroe County, denied the CPLR article 78 petition seeking, among other things, to annul the determination suspending her for 30 days with pay from her position as a tenured teacher with respondent Rochester City School District; App. Div. reversed, granted the petition, annulled the determination and directed respondents to reinstate petitioner to her position as a tenured teacher forthwith with full back pay and benefits and to remove all references to the discipline imposed from petitioner's personnel file.

MERRY-GO-ROUND PLAYHOUSE, INC., MATTER OF v ASSESSOR OF THE CITY OF AUBURN (104 AD3d 1294):
4th Dept. App. Div. order of 3/22/13; reversal; leave to appeal granted by Court of Appeals, 10/22/13; TAXATION - ASSESSMENT - REAL PROPERTY TAX LAW (RPTL) ARTICLE 7 PROCEEDING TO REVIEW AN ASSESSMENT ON REAL PROPERTY MADE BY THE CITY RESPONDENTS - WHETHER THE SUBJECT PROPERTIES, TWO APARTMENT BUILDINGS HOUSING A THEATER'S SEASONAL ACTORS AND STAFF, WERE USED EXCLUSIVELY FOR A TAX EXEMPT PURPOSE AS DEFINED BY RPTL 420-a(1)(a); Supreme Court, Cayuga County, among other things, granted respondents' motion for summary judgment and denied petitioner's cross motion for summary judgment; App. Div. reversed, denied respondents' motion for summary judgment, granted petitioner's cross motion for summary judgment, granted the petition insofar as it seeks a tax exemption pursuant to RPTL 420-a(1)(a) for the subject real property, and remitted the matter to Supreme Court for further proceedings.

ON SIGHT MOBILE OPTICIANS, PEOPLE v (40 Misc 3d 95):
App. Term, 2nd Dept., Judicial Districts 9th and 10th order of 7/8/13; reversal; leave to appeal granted by Graffeo, J., 10/4/13; CRIMES - VIOLATION OF MUNICIPAL CODE - SIGN ORDINANCE - DEFENDANT CHARGED WITH PLACING PROHIBITED SIGN ADVERTISING ITS BUSINESS ON PUBLIC PROPERTY AT FIVE LOCATIONS - WHETHER LOCAL LAW PROHIBITING THE SIGNAGE VIOLATES CONSTITUTIONAL FREE SPEECH PROVISIONS; District Court, 6th District (Patchogue Part), Suffolk County, convicted defendant, upon its guilty plea, of multiple charges of placing a prohibited sign on public property, and assessed fines on certain of the charges; App. Term reversed five judgments, dismissed the accusatory instruments, and refunded the fines, if paid.

DARRYL P., MATTER OF v FISCHER (108 AD3d 1003):
3rd Dept. App. Div. order of 7/25/13; confirmed determination; sua sponte examination of whether a substantial constitutional question is directly involved or whether any other jurisdictional basis exists to support an appeal as of right; PRISONS AND PRISONERS - DISCIPLINE OF INMATES - WHETHER SUBSTANTIAL EVIDENCE SUPPORTS THE DETERMINATION OF GUILT WITH RESPECT TO CHARGES ARISING FROM PETITIONER'S ALTERCATION WITH ANOTHER INMATE; App. Div. confirmed the determination of Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules, and dismissed the petition.

POLLACK v COOPERMAN (109 AD3d 973):
2nd Dept. App. Div. order of 9/25/13; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; MOTIONS AND ORDERS - MOTION TO DISMISS - COMPLAINT FILED AGAINST SPECIAL REFEREE AND ASSISTANT COUNSEL TO GRIEVANCE COMMITTEE IN A GRIEVANCE PROCEEDING AGAINST PLAINTIFF, ALLEGING VIOLATIONS OF PLAINTIFF'S CONSTITUTIONAL RIGHTS TO DUE PROCESS AND EQUAL PROTECTION, CIVIL HARASSMENT AND MAIL FRAUD - WHETHER THE APPELLATE DIVISION ERRED IN HOLDING THAT THE COMPLAINT FAILED TO STATE A CAUSE OF ACTION; Supreme Court, Suffolk County, granted defendants' motion pursuant to CPLR 3211 to dismiss the complaint and, in effect, denied plaintiff's cross motion to strike the defendants' motion to dismiss the complaint on the ground that the Attorney General should be disqualified from appearing in the action on behalf of defendants; App. Div. affirmed.

POLLACK, MATTER OF v KIERNAN (105 AD3d 518):
1st Dept. App. Div. order of 4/11/13 (and five other App. Div. orders); reversal; sua sponte examination whether the appeal from the 4/11/13 App. Div. order is moot, whether the 4/11/13 App. Div. order directly involves a substantial constitutional question so as to support an appeal as of right, whether the appeal from the remaining five App. Div. orders was timely taken, whether the remaining five App. Div. orders finally determine the proceedings within the meaning of the Constitution, and whether an appeal lies from the 3/29/12 order of an individual App. Div. Justice; ATTORNEY AND CLIENT - DISCIPLINARY PROCEEDING - CHALLENGE TO AN APPELLATE DIVISION ORDER DENYING A CPLR ARTICLE 78 PETITION SEEKING DISCLOSURE OF CERTAIN DOCUMENTS IN PETITIONER'S DISCIPLINARY FILE, AND TO FIVE OTHER APPELLATE DIVISION ORDERS; App. Div., among other things, reversed an 11/17/11 Supreme Court, Kings County, order granting a CPLR article 78 petition to the extent of directing the App. Div. to forward certain documents in petitioner's disciplinary file to Supreme Court for in camera review, denied the petition and dismissed the proceeding.

REED, PEOPLE ex rel. v TEDFORD (110 AD3d 1123):
3rd Dept. App. Div. order of 10/3/13; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; HABEAS CORPUS - AVAILABILITY OF RELIEF; CLAIMED IRREGULARITIES IN ORDER OF COMMITMENT AND CLAIMED DETAINER FOR CRIMES NOT COMMITTED; Supreme Court, Essex County, without a hearing, denied petitioner's CPLR article 70 application for a writ of habeas corpus; App. Div. affirmed.

For November 8, 2013 through November 14, 2013, the following preliminary appeal statements were filed:

HEATHER A.C., MATTER OF v MICHAEL J.N. (107 AD3d 1510):
4th Dept. App. Div. order of 6/14/13; reversal; sua sponte examination 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; PARENT, CHILD AND FAMILY - CUSTODY - MODIFICATION - CHANGED CIRCUMSTANCES - CHILD'S ANXIETY OVER LIVING WITH FATHER - BEST INTEREST ANALYSIS; Family Court, Oneida County, in a proceeding pursuant to Family Court Act article 6, dismissed that part of the petition seeking a modification of custody; App. Div. reversed, granted the petition in part by awarding primary physical custody of the child to petitioner mother and visitation to respondent father, and remitted the matter to Family Court to fashion an appropriate visitation schedule.

DELLAPORTE, MATTER OF v NEW YORK CITY DEPARTMENT OF BUILDINGS (106 AD3d 446):
1st Dept. App. Div. order of 5/7/13; reversal; leave to appeal granted by App. Div., 10/15/13; Rule 500.11 review pending; PROCEEDING AGAINST BODY OR OFFICER - CERTIORARI - LICENSE OR EMPLOYMENT APPLICATION - WHETHER THE APPELLATE DIVISION ERRED IN HOLDING THAT THE DETERMINATION OF RESPONDENT NEW YORK CITY DEPARTMENT OF BUILDINGS DENYING PETITIONER'S APPLICATION TO RENEW HIS STATIONARY ENGINEER LICENSE LACKED A RATIONAL BASIS; Supreme Court, New York County, denied a CPLR article 78 petition to annul a determination that denied petitioner's application to renew his stationary engineer license, and dismissed the proceeding; App. Div. reversed, vacated the judgment, granted the petition and remanded the matter to respondent New York City Department of Buildings.

JOHNSON (JEFFREY), PEOPLE v (109 AD3d 449):
1st Dept. App. Div. order of 8/27/13; reversal with dissents; leave to appeal granted by Andrias, J., 10/17/13; Rule 500.11 review pending; CRIMES - SUPPRESSION HEARING - DEFENDANT COMING DOWN STAIRS IN PUBLIC HOUSING BUILDING ASKED FOR IDENTIFICATION BY POLICE - WHETHER CIRCUMSTANCES IN POLICE ENCOUNTER PROVIDED AN OBJECTIVE CREDIBLE REASON FOR A LEVEL ONE REQUEST FOR INFORMATION; Supreme Court, Bronx County, convicted defendant of attempted criminal possession of a weapon in the fourth degree, and attempted possession of ammunition, and sentenced him to an unconditional discharge; App. Div. reversed, granted defendant's suppression motion, and dismissed the accusatory instrument.

KIGIN, MATTER OF v STATE OF NEW YORK WORKERS' COMPENSATION BOARD (109 AD3d 299):
3rd Dept. App. Div. order of 7/18/13; affirmance; leave to appeal granted by Court of Appeals, 10/22/13; WORKERS' COMPENSATION - TREATMENT AND CARE OF INJURED EMPLOYEES - WORKERS' COMPENSATION BOARD'S AUTHORITY TO PROMULGATE MEDICAL TREATMENT GUIDELINES (GUIDELINES) - WHETHER THE GUIDELINES IMPROPERLY SHIFT THE BURDEN OF PROOF TO MEDICAL TREATMENT PROVIDERS TO DEMONSTRATE MEDICAL NECESSITY FOR THE CARE THEY SEEK TO PROVIDE TO WORKERS' COMPENSATION CLAIMANTS - ALLEGED DUE PROCESS VIOLATION; App. Div. affirmed a Workers' Compensation Board determination that denied claimant's request for a variance from the Medical Treatment Guidelines which set forth the medical procedures, and the scope and duration of those procedures, that do not require pre- authorization from the employer/carrier.

KIMSO APARTMENTS, LLC v GANDHI (104 AD3d 742):
2nd Dept. App. Div. order of 3/13/13; modification; leave to appeal granted by Court of Appeals, 10/22/13; PLEADING - AMENDMENT - COUNTERCLAIM - DEFENDANT'S APPLICATION AT THE CONCLUSION OF TRIAL TO CONFORM THE PLEADINGS TO THE PROOF TO INCLUDE A COUNTERCLAIM ALLEGING THAT PLAINTIFFS BREACHED A SETTLEMENT AGREEMENT BY FAILING TO MAKE PAYMENTS ALLEGEDLY OWED TO HIM PURSUANT TO THAT AGREEMENT AND FOR JUDGMENT IN HIS FAVOR ON THAT COUNTERCLAIM - WHETHER THE APPELLATE DIVISION ERRED IN DETERMINING THAT SUPREME COURT SHOULD HAVE DENIED DEFENDANT'S APPLICATION AS BARRED BY THE DOCTRINE OF LACHES; Supreme Court, Richmond County, among other things, granted defendant/counterclaim plaintiff's application to conform the pleadings to the proof to include a counterclaim alleging that the plaintiffs/counterclaim defendants breached a settlement agreement dated 8/14/02, by failing to make payments owed to him pursuant to that agreement and for judgment on that counterclaim; Supreme Court then awarded judgment in favor of defendant/counterclaim plaintiff and against plaintiffs/counterclaim defendants in the principal sum of $1,700,000 on that counterclaim, dismissed the complaint, and dismissed the counterclaim for costs and fees; App. Div. modified the judgment by deleting the second, third, fourth and fifth decretal paragraphs thereof; denied the application to conform the pleadings to the proof to include a counterclaim for payments allegedly due pursuant to an 8/14/02 settlement agreement and for judgment on that counterclaim, and modified the Supreme Court order accordingly.

MOTELSON v FORD MOTOR COMPANY (101 AD3d 957):
2nd Dept. App. Div. order of 12/19/12; reversal; leave to appeal granted by Court of Appeals, 10/22/13; DAMAGES - MENTAL ANGUISH - RECOVERY BY PERSONS WITHIN ZONE OF DANGER - RECOVERY OF DAMAGES BY SON AND GRANDSON OF PERSON WHO WAS KILLED IN A CAR ACCIDENT THAT OCCURRED WHEN THE SON AND GRANDSON WERE OCCUPANTS - WHETHER THE APPELLATE DIVISION ERRED IN CONCLUDING THAT THE ISSUE OF WHETHER DECEDENT'S SON AND GRANDSON SUFFERED EMOTIONAL DISTRESS BECAUSE THEY WERE PLACED IN THE DECEDENT'S ZONE OF DANGER "WAS NOT SUBMITTED TO THE JURY"; Supreme Court, Richmond County, among other things, upon an amended order dated 3/26/09, and upon the jury verdicts, and upon the stipulations of the plaintiffs in Action No. 2 to reduce the verdicts in their favor with respect to damages, awarded damages to Michael J. Motelson, as Administrator of the Estate of Steven Motelson, in the principal sum of $1,327,000, awarded damages to Enid Motelson in the principal sum of $3,673,000, and directed a new trial in Action No. 1 on the issue of damages only; App. Div. (1) dismissed, as subsumed in the appeal from the judgment, Ford's appeals from so much of an amended order as denied branches of Ford's motions pursuant to CPLR 4404 to set aside the jury verdict in favor of plaintiffs and against them in Action No. 2; (2) reversed the amended order insofar as reviewed, and denied that branch of plaintiffs' cross motion which was to set aside the jury verdict in favor of Ford and against them in Action No. 1; and (3) modified Supreme Court's order and judgment by deleting the provisions thereof directing a new trial in Action No. 1 on the issue of damages only, and substituting therefor a provision directing the entry of judgment dismissing the complaint in Action No. 1 in its entirety.

SIERRA v 4401 SUNSET PARK, LLC (101 AD3d 983):
2nd Dept. App. Div. order of 12/19/12; affirmance; leave to appeal granted by Court of Appeals, 10/22/13; INSURANCE - DUTY TO DEFEND AND INDEMNIFY - NOTICE OF DISCLAIMER - WHETHER INSURER SATISFIED THE REQUIREMENTS OF INSURANCE LAW § 3420(d) BY SENDING NOTICE OF DISCLAIMER TO PRIMARY INSURER BUT NOT TO ADDITIONAL INSUREDS; Supreme Court, Kings County, granted that branch of the motion of defendants/third- party plaintiffs which was for summary judgment declaring that third-party defendant Scottsdale Insurance Company is obligated to defend and indemnify defendants/third- party plaintiffs in the main action, and denied Scottsdale Insurance Company's cross motion, among other things, for summary judgment declaring that it is not obligated to defend and indemnify defendants/third-party plaintiffs in the main action; App. Div. affirmed and remitted the matter to Supreme Court for entry of a judgment, among other things, declaring that third-party defendant Scottsdale Insurance Company is obligated to defend and indemnify defendants and third-party plaintiffs in the main action.

For November 15, 2013 through November 21, 2013, the following preliminary appeal statements were filed:

APPLEGATE v STATE OF NEW YORK (2013 NY Slip Op 87401[U]):
2nd Dept. App. Div. order of 10/7/13; dismissal; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; APPEAL - CHALLENGE TO APPELLATE DIVISION ORDER DISMISSING APPEAL FOR FAILURE TO TIMELY PERFECT IN ACCORDANCE WITH THE RULES OF THAT COURT - APPEAL DISMISSED AFTER COURT DENIED MOTION TO WAIVE FILING FEE AND FOR LEAVE TO FILE A REDUCED NUMBER OF PAPERS ON APPEAL; Court of Claims denied plaintiff's motion for summary judgment on the claim and granted defendant's cross motion to dismiss the claim; App. Div. dismissed the appeal on the Court's own motion for failure to timely perfect in accordance with the rules and prior orders of that court.

BORDEN v 400 EAST 55TH STREET ASSOCIATES, L.P. (105 AD3d 630):
1st Dept. App. Div. order of 4/25/13; affirmance; leave to appeal granted by App. Div., 10/22/13; ACTIONS - CLASS ACTIONS - WHETHER PLAINTIFF HAS DEMONSTRATED THAT SHE IS A PROPER CLASS REPRESENTATIVE IN A RENT STABILIZATION LAW MATTER - CPLR 901(b) - WAIVER BY PLAINTIFF OF HER RIGHT TO TREBLE DAMAGES UNDER RENT STABILIZATION LAW - LANDLORD'S CLAIMED UNLAWFUL DEREGULATION OF APARTMENTS WHILE RECEIVING J-51 BENEFITS; Supreme Court, New York County, denied plaintiff's motion for class certification, without prejudice to renew upon submission of an affidavit by plaintiff demonstrating that she is a proper class representative (11/10/11 order); upon renewal, Supreme Court granted plaintiff's motion for class certification and related relief (4/13/12 order); App. Div. affirmed the 4/13/12 order and dismissed the appeal from the 11/10/11 order.

FORD, MATTER OF v NEW YORK STATE RACING AND WAGERING BOARD (107 AD3d 1071):
3rd Dept. App. Div. order of 6/6/13; modification; HORSE RACING - HARNESS RACES - STATE'S AUTHORITY TO ADOPT REGULATION PERMITTING OUT- OF-COMPETITION DRUG TESTING OF HARNESS RACEHORSES - 180-DAY WINDOW PRIOR TO COMPETITION IN WHICH HORSES ANTICIPATED TO RACE MAY BE DRUG TESTED - REQUIREMENT THAT LICENSED OWNERS AND TRAINERS PRODUCE, UPON DEMAND, HORSE STABLED WITHIN 100- MILE RADIUS OF NEW YORK TRACK - LEGAL RIGHTS OF PRIVATE HORSE FARM OWNERS - WHETHER PROVISIONS OF REGULATION ARE UNCONSTITUTIONAL AND/OR ARBITRARY AND CAPRICIOUS; Supreme Court, Schenectady County, granted petitioners' application, in a proceeding pursuant to CPLR article 78, to annul 9 NYCRR 4120.17; App. Div. modified by reversing so much thereof as annulled and enjoined respondent from enforcing all portions of 9 NYCRR 4120.17 except 9 NYCRR 4120(e)(3).

433 SUTTON CORP. v BRODER (107 AD3d 623):
1st Dept. App. Div. order of 6/27/13; reversal with a two-Justice dissent; leave to appeal granted by App. Div., 10/10/13; Rule 500.11 review pending; ATTORNEY AND CLIENT - COMPENSATION - IN DISPUTE BETWEEN SHAREHOLDER AND COOPERATIVE ASSOCIATION, WHETHER OUTCOME OF ACTION WARRANTS AN AWARD OF ATTORNEYS' FEES IN FAVOR OF SHAREHOLDER - PREVAILING PARTY; CONDOMINIUMS AND COOPERATIVES; Supreme Court, New York County, denied defendant's motion for attorneys' fees; App. Div. reversed, granted defendant's motion for attorneys' fees, and remanded the matter to Supreme Court for a hearing on the amount of reasonable attorneys' fees owed to defendant.

PATERNO v LASER SPINE INSTITUTE (— AD3d —, 2013 NY Slip Op 06669):
2nd Dept. App. Div. order of 10/16/13; affirmance with a two-Justice dissent; COURTS - JURISDICTION - LONG-ARM JURISDICTION - WHETHER PERSONAL JURISDICTION OVER FLORIDA DEFENDANTS EXISTS UNDER CPLR 302(a)(1); Supreme Court, Westchester County, granted that branch of the defendants' motion which was pursuant to CPLR 3211(a)(8) to dismiss the complaint for lack of personal jurisdiction under CPLR 302; App. Div. affirmed.

SORRENTINO, MATTER OF v FISCHER (106 AD3d 1309):
3rd Dept. App. Div. judgment of 5/16/13; annulment of agency determination; sua sponte examination whether the appeal has been rendered moot; PRISONS AND PRISONERS - DISCIPLINE OF INMATES - RIGHT TO CALL WITNESSES VIOLATED - WHETHER EXPUNGEMENT, RATHER THAN REMITTAL FOR A NEW HEARING, IS THE PROPER REMEDY; App. Div. annulled a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.