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For November 2, 2018 through November 8, 2018, the following preliminary appeal statements were filed:

ANONYMOUS, PEOPLE v (161 AD3d 401):
1st Dept. App. Div. order of 5/1/18; affirmance; leave to appeal granted by DiFiore, Ch.J., 10/24/18; Crimes--Sealing of Records--Whether prosecution was entitled, pursuant to CPL 160.50 (1)(d)(ii), to an order unsealing record for the purpose of making sentencing recommendation; prosecution sought to have sentencing court consider defendant's testimony from another criminal case where defendant admitted to engaging in illegal activity, which was a violation of his plea agreement; if unsealing was improper, whether defendant is entitled to resentencing; Supreme Court, New York County, convicted defendant, upon a guilty plea, of criminal possession of a controlled substance in the fourth degree, and sentenced defendant, as a second violent felony offender, to a term of eight years; App. Div. affirmed.

BURSCH, MATTER OF v PURCHASE COLLEGE OF THE STATE UNIVERSITY OF NEW YORK (164 AD3d 1324):
2nd Dept. App. Div. judgment of 9/19/18; confirmed determination; Rule 500.11 review pending; Colleges and Universities--Disciplinary Proceedings--Whether respondent violated petitioner's right to due process or abused its discretion in denying petitioner's request for a three-hour adjournment of the disciplinary hearing so that petitioner's attorney could attend; App. Div. confirmed respondent's 10/17/14 determination, denied the petition and dismissed the proceeding.

PENDELL (PERRY), PEOPLE v (164 AD3d 1063):
3rd Dept. App. Div. order of 8/23/18; modification; leave to appeal granted by Clark, J., 10/23/18; Rule 500.11 review pending; Crimes--Verdict--Sufficiency of Evidence--Whether the convictions were supported by legally sufficient evidence; evidence--whether the trial court erroneously admitted photographic exhibits into evidence; whether a proper foundation was proffered validating the authenticity of the photographs; County Court, Columbia County, convicted defendant of 9 counts of rape in the second degree, criminal sexual act in the second degree, four counts of possessing a sexual performance by a child, and criminal solicitation in the second degree; App. Div. modified by reversing defendant's convictions of possessing a sexual performance by a child under counts 21, 22 and 27 of indictment No. 13-017, dismissed said counts and vacated the sentences imposed thereon, and as so modified, affirmed.

SCHOONMAKER, MATTER OF v NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES (165 AD3d 677):
2nd Dept. App. Div. order of 10/3/18; confirmed determination, with dissents; Rule 500.11 review pending; Proceeding Against Body or Officer--Certiorari--CPLR article 78 proceeding to review determination of the New York State Department of Motor Vehicles Administrative Appeals Board affirming a determination of the administrative law judge which found that petitioner refused to submit to a chemical test in violation of Vehicle and Traffic Law § 1194 and revoked his driver's license; whether there was probable cause to stop the vehicle based on tire crossing the "fog line" on the shoulder of the road; breathalyzer test; App. Div. confirmed the determination, denied the petition, dismissed the proceeding on the merits, and vacated the App. Div.'s stay of revocation of petitioner's driver's license.

For November 9, 2018 through November 15, 2018, the following preliminary appeal statements were filed:

BALLARD, MATTER OF v KICKBUSH (165 AD3d 1587):
4th Dept. App. Div. order of 10/5/18; confirmation of determination; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Prisons and Prisoners--Discipline of Inmates--Whether substantial evidence supports the determinations that petitioner violated inmate rules; whether the hearing officer properly denied petitioner's request to call a witness; alleged due process violation; App. Div. confirmed respondent's determinations which found that petitioner had violated various inmate rules, and dismissed the CPLR article 78 petition.

BRIGGS v STATE OF NEW YORK DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION (163 AD3d 1306):
3rd Dept. App. Div. order of 7/19/18; affirmance; sua sponte examination of whether any basis exists for an appeal as of right; Limitation of Actions--One-Year Statute of Limitations--Whether causes of action for false arrest and unlawful imprisonment were untimely; torts--malicious prosecution--whether claim for malicious prosecution was properly dismissed for failure to state a cause of action; Court of Claims granted defendants' motion to dismiss the claim; App. Div. affirmed.

JP MORGAN CHASE BANK, NA v LEVIN (161 AD3d 966):
2nd Dept. App. Div. order of 5/16/18; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right and whether the order appealed from finally determines the action within the meaning of the Constitution; Mortgages--Foreclosure--Whether respondent Wells Fargo demonstrated its prima facie entitlement to judgment as a matter of law on its claim by establishing that its mortgage was valid and superior in priority to plaintiff JP Morgan Chase Bank's mortgage; whether plaintiff could challenge respondent Wells Fargo's standing; Supreme Court, Nassau County, upon an order of the same court dated 3/12/15, as amended 4/21/15, granting the cross motion of defendant Wells Fargo Bank, NA, for summary judgment on its combined fourth affirmative defense, first counterclaim, and first cross claim, declared that defendant Wells Fargo Bank, NA, as holder of a mortgage dated 8/14/06, in the principal amount of $380,000, had a valid and subsisting first priority mortgage lien against the subject property; App. Div. affirmed.