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For November 14, 2014 through November 20, 2014, the following preliminary appeal statements were filed:

GUMBS v FLUSHING TOWN CENTER III, L.P. (114 AD3d 573):
1st Dept. App. Div. order of 2/25/14; affirmance with dissents; leave to appeal granted by App. Div., 10/30/14; Rule 500.11 review pending; DISCLOSURE - MEDICAL RECORDS AND REPORTS - CPLR 3126 MOTION TO STRIKE COMPLAINT UPON PLAINTIFFS' REFUSAL TO PROVIDE MEDICAL AUTHORIZATIONS - WHETHER DEFENDANTS DEMONSTRATED THAT THE RECORDS SOUGHT WERE RELATED TO THE CLAIMED INJURIES, INCLUDING PERMANENT DISABILITY, LOSS OF FUTURE EARNINGS AND LOSS OF ENJOYMENT OF LIFE; Supreme Court, Bronx County, among other things, denied defendants' motion pursuant to CPLR 3126 to strike the complaint upon plaintiffs' failure to provide requested HIPAA-compliant authorizations for the release of medical records; App. Div. affirmed.

HOGAN, MATTER OF v DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION (2014 NY Slip Op 86651[U]):
4th Dept. App. Div. order of 10/15/14; denial of motion; sua sponte examination of whether 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; MOTIONS AND ORDERS - CHALLENGE TO APPELLATE DIVISION ORDER THAT, AMONG OTHER THINGS, DENIED AS UNTIMELY PETITIONER'S MOTION TO VACATE DISMISSAL OF A CPLR ARTICLE 78 PROCEEDING; App. Div. denied motion to vacate dismissal of CPLR article 78 proceeding and otherwise dismissed the motion to the extent it sought other relief.

HOLMES v BUSINESS RELOCATION SERVICES, INC. (117 AD3d 468):
1st Dept. App. Div. order of 5/8/14; affirmance; leave to appeal granted by App. Div., 10/29/14; Rule 500.11 review pending; WORKERS' COMPENSATION - EXISTENCE OF EMPLOYER-EMPLOYEE RELATIONSHIP - SPECIAL EMPLOYEE - WHETHER THE APPELLATE DIVISION ERRED IN HOLDING THAT ISSUES OF FACT EXIST AS TO WHETHER DEFENDANT WAS SPECIAL EMPLOYER OF INJURED PLAINTIFF; Supreme Court, Bronx County, as relevant here, denied defendant Business Relocation Services, Inc.'s motion for summary judgment dismissing the complaint as barred by the Workers' Compensation Law; App. Div. affirmed.

MONARCH CONSULTING, INC., MATTER OF v NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. (123 AD3d 51):
1st Dept. App. Div. order of 9/11/14; reversal of two judgments and affirmance of one order; ARBITRATION - AGREEMENT TO ARBITRATE - WHETHER INSUREDS ARE COMPELLED TO ARBITRATE THEIR DISPUTES WITH THEIR WORKERS' COMPENSATION INSURANCE CARRIER EVEN THOUGH THE CARRIER FAILED TO FILE THE ARBITRATION AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF INSURANCE AS CALIFORNIA LAW REQUIRES; Supreme Court, New York County, in two judgments and one order concerning three separate insureds, in effect, compelled arbitration in two proceedings and denied a petition to compel arbitration in the third proceeding; App. Div. reversed the Supreme Court judgments compelling arbitration and affirmed the Supreme Court order denying the petition to compel arbitration.

For November 28, 2014 through December 4, 2014, the following preliminary appeal statements were filed:

BERRY (OLIVER), PEOPLE v (110 AD3d 1002):
2nd Dept. App. Div. order of 10/23/13; affirmance; leave to appeal granted by Lippman, Ch. J., 11/24/14; CRIMES - WITNESSES - WHETHER WITNESS FOR THE PROSECUTION'S INVOCATION OF THE FIFTH AMENDMENT PRIVILEGE AGAINST SELF-INCRIMINATION ADDED CRITICAL WEIGHT TO THE PROSECUTION'S CASE - INFERENCES DRAWN BY WITNESS'S SILENCE; WHETHER TRIAL COURT PROPERLY PRECLUDED DEFENDANT'S EXPERT WITNESS FROM TESTIFYING ABOUT THE EFFECTS OF STRESS ON ACCURACY OF IDENTIFICATION; Supreme Court, Queens County, convicted defendant, upon a jury verdict, of murder in the second degree, attempted murder in the second degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, and imposed sentence; App. Div. affirmed.

CISSE, MATTER OF v GRAHAM (120 AD3d 801):
2nd Dept. App. Div. order of 8/27/14; affirmance; leave to appeal granted by Court of Appeals, 11/20/14; PARENT, CHILD AND FAMILY - CUSTODY - CHANGE OF CUSTODY - FAMILY COURT ORDER MODIFYING PRIOR CUSTODY ORDER TO CHANGE CUSTODY FROM MOTHER TO FATHER; WHETHER FAMILY COURT'S AFFIRMED FINDING THAT A SUFFICIENT CHANGE IN CIRCUMSTANCES OCCURRED WARRANTING MODIFICATION OF ITS PRIOR CUSTODY ORDER IN THE CHILD'S BEST INTERESTS HAS A SUFFICIENT BASIS IN THE RECORD; Family Court, Queens County, among other things, after a hearing, granted the father's petition to modify a prior order of custody and visitation dated 6/30/04 so as to award him custody of the parties' child, and denied the mother's petition, in effect, to modify the visitation provisions of the prior order; App. Div. affirmed.

DOBINSKI v LOCKHART (121 AD3d 1601):
4th Dept. App. Div. order of 10/3/14; reversal; leave to appeal granted by Court of Appeals, 11/25/14; ANIMALS - LIABILITY FOR INJURIES - DOG COLLIDING WITH BICYCLIST - EXISTENCE OF NEGLIGENCE CAUSE OF ACTION AGAINST DOG'S OWNER - WHETHER THE APPELLATE DIVISION CORRECTLY DISMISSED CAUSE OF ACTION FOR STRICT LIABILITY UPON THE GROUND THAT NO TRIABLE ISSUE OF FACT EXISTED AS TO WHETHER DEFENDANTS HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE THAT THEIR DOG HAD A PROPENSITY TO INTERFERE WITH TRAFFIC; Supreme Court, Erie County, denied defendants' motion for summary judgment dismissing the amended complaint; App. Div. reversed, granted defendants' motion for summary judgment dismissing the amended complaint, and dismissed the amended complaint.

RED ZONE LLC v CADWALADER, WICKERSHAM & TAFT, LLP (118 AD3d 581):
1st Dept. App. Div. order of 6/19/14; affirmance; leave to appeal granted by Court of Appeals; 11/24/14; ATTORNEY AND CLIENT - MALPRACTICE - ALLEGED NEGLIGENT DRAFTING OF AGREEMENT - WHETHER PLAINTIFF WAS ENTITLED TO SUMMARY JUDGMENT; LIMITATION OF ACTIONS - TOLLING - WHETHER THE APPELLATE DIVISION ERRED IN CONCLUDING THAT THE STATUTE OF LIMITATIONS WAS TOLLED BY THE CONTINUOUS REPRESENTATION DOCTRINE; WHETHER THE COURT'S BELOW ERRED IN DISMISSING DEFENDANT'S AFFIRMATIVE DEFENSE OF COMPARATIVE NEGLIGENCE; Supreme Court, New York County, amended order and judgment that awarded plaintiff over $17.2 million; App. Div. affirmed.

STATE OF NEW YORK, MATTER OF v HUMBERTO G. (119 AD3d 594):
2nd Dept. App. Div. order of 7/2/14; affirmance; leave to appeal granted by Court of Appeals, 11/20/14; CRIMES - SEX OFFENDERS - CIVIL COMMITMENT OR SUPERVISION - WHETHER THE COURTS BELOW ERRED IN DETERMINING THAT HUMBERTO G. WAS A DETAINED SEX OFFENDER - WHETHER DIAGNOSIS OF ANTISOCIAL PERSONALITY DISORDER ALONE CAN SUPPORT A FINDING THAT HUMBERTO G. SUFFERED FROM A "MENTAL ABNORMALITY" AS DEFINED IN MENTAL HYGIENE LAW § 10.03(i); Supreme Court, Kings County, ordered that Humberto G. be confined to a secure treatment facility upon a finding, made after a jury trial, that he suffers from a mental abnormality as defined in Mental Hygiene Law § 10.03 (i) and upon a determination that he is a dangerous sex offender requiring civil confinement; App. Div. affirmed.

WELLS FARGO BANK, N.A. v HAIZLIP:
Supreme Court, Albany County, order of 10/23/14; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution and whether any basis exists for a direct appeal pursuant to CPLR 5601 (b) (2); MORTGAGES - FORECLOSURE - APPLICATION FOR WRIT OF ASSISTANCE DIRECTING SHERIFF TO PUT FORECLOSING BANK INTO POSSESSION OF FORECLOSED PROPERTY (RPAPL § 221) - FORECLOSURE JUDGMENT ENTERED ON DEFAULT; Supreme Court, Albany County, denied defendant Haizlip's informal application to dismiss the action, and directed the Sheriff of Albany County to put plaintiff bank into possession of the subject premises and to remove defendants Haizlip and Glaze and any persons claiming under them.