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For November 22, 2013 through November 28, 2013, the following preliminary appeal statements were filed:

ANDREWS (CHURCHILL), PEOPLE v (108 AD3d 727;108 AD3d 729):
2nd Dept. App. Div. order of 7/24/13; denial of application; leave to appeal granted by Rivera, J., 11/6/13; CRIMES - APPEAL - DENIAL OF APPLICATION FOR A WRIT OF ERROR CORAM NOBIS SEEKING TO FILE A LATE NOTICE OF APPEAL FROM A JUDGMENT OF CONVICTION - ALLEGED INEFFECTIVE ASSISTANCE OF COUNSEL; App. Div. denied defendant's application for a writ of error coram nobis seeking to file a late notice of appeal from a 9/3/08 judgment of Supreme Court, Kings County.

GAMMONS v CITY OF NEW YORK (109 AD3d 189):
2nd Dept. App. Div. order of 7/17/13; affirmance; leave to appeal granted by App. Div., 11/12/13; NEGLIGENCE - INJURIES TO POLICE OFFICERS - WHETHER LABOR LAW § 27-a(3)(a)(1) CONSTITUTES A SUFFICIENT STATUTORY PREDICATE FOR A POLICE OFFICER'S CAUSE OF ACTION TO RECOVER DAMAGES PURSUANT TO GENERAL MUNICIPAL LAW § 205-e EVEN THOUGH LABOR LAW § 27-a DOES NOT PROVIDE FOR A PRIVATE RIGHT OF ACTION; Supreme Court, Kings County, among other things, denied that branch of defendants' motion which was for summary judgment dismissing the cause of action to recover damages based upon a violation of General Municipal Law § 205-e, and granted that branch of defendants' motion which was for summary judgment dismissing the cause of action to recover damages for common law negligence; App. Div. affirmed.

JONES (CLIFFORD), PEOPLE v (109 AD3d 402):
1st Dept. App. Div. order of 8/6/13; affirmance with dissents; leave to appeal granted by Freedman, J., 11/7/13; CRIMES - VACATUR OF JUDGMENT OF CONVICTION - PRESENCE OF HAIRS OTHER THAN DEFENDANT'S ON HAT WORN BY PERPETRATOR - WHETHER RESULTS OF DNA TESTING ON THREE OUT OF 18 HAIRS FOUND ON HAT WORN BY PERPETRATOR AND ON FINGERNAIL SCRAPINGS FROM MURDER VICTIM WARRANTED VACATUR OF THE JUDGMENT OF CONVICTION - WHETHER DEFENDANT WAS ENTITLED TO A HEARING ON HIS CPL 440.10 MOTION; Supreme Court, New York County, denied defendant's CPL 440.10 motion to vacate the 7/6/81 judgment of conviction; App. Div. affirmed.

NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION v SEARS:
Supreme Court order of 7/29/13; denial of motion; sua sponte examination whether the order finally determines the action within the meaning of the Constitution, whether a substantial constitutional question is directly involved to support an appeal as of right, and whether a direct appeal lies to this Court from the Supreme Court order; APPEAL - CHALLENGE TO SUPREME COURT ORDER DENYING DEFENDANT'S MOTION TO VACATE A DEFAULT JUDGMENT; Supreme Court, Albany County, denied defendant's motion to vacate a default judgment entered in 1992.

SEPE (ROBERT), PEOPLE v (111 AD3d 75):
2nd Dept. App. Div. order of 9/25/13; modification; sua sponte examination whether the App. Div. order of modification "was on the law alone or upon the law and such facts which, but for the determination of law, would not have led to...modification" (CPL 450.90[2][a]); CRIMES - MURDER - EXTREME EMOTIONAL DISTURBANCE - WHETHER THE JURY'S FAILURE TO ACCEPT DEFENDANT'S DEFENSE OF EXTREME EMOTIONAL DISTURBANCE WAS AGAINST THE WEIGHT OF THE EVIDENCE; County Court, Westchester County, convicted defendant, upon a jury verdict, of murder in the second degree and imposed sentence; App. Div. modified by reducing defendant's conviction of murder in the second degree to manslaughter in the first degree, and vacating the sentence imposed thereon; and remitted the matter to County Court for resentencing.

THOMAS, MATTER OF v DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION (110 AD3d 1409):
3rd Dept. App. Div. order of 10/31/13; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; PRISONS AND PRISONERS - CALCULATION OF SENTENCE - WHETHER PETITIONER IS ENTITLED TO A REDUCTION OF HIS AGGREGATE SENTENCE PURSUANT TO PENAL LAW FORMER § 70.30(1)(c)(i); Supreme Court, Greene County, dismissed petitioner's application, in a CPLR article 78 proceeding, to review a determination of respondent Department of Corrections and Community Supervision computing petitioner's prison sentence; App. Div. affirmed.

WORKING FAMILIES PARTY, MATTER OF v FISHER (109 AD3d 478):
2nd Dept. App. Div. judgment of 8/7/13; dismissal of proceeding; leave to appeal granted by Court of Appeals, 11/19/13; PROCEEDING AGAINST BODY OR OFFICER - PROHIBITION - WHETHER THE APPELLATE DIVISION PROPERLY HELD THAT PROHIBITION DID NOT LIE AND WHETHER RESPONDENT FISHER, DEPUTY CHIEF ADMINISTRATIVE JUDGE FOR NEW YORK CITY COURTS, ACTED IN EXCESS OF HER JURISDICTION BY GRANTING THE APPLICATION OF RESPONDENT DISTRICT ATTORNEY OF RICHMOND COUNTY FOR DISQUALIFICATION, AND APPOINTING RESPONDENT ADLER AS SPECIAL DISTRICT ATTORNEY; App. Div. denied the petition in the CPLR article 78 proceeding in the nature of prohibition, among other things, to prohibit the enforcement of an order dated 1/12/12, issued by respondent Fisher which, among other things, appointed a Special District Attorney pursuant to County Law § 701 to investigate and prosecute possible violations in connection with a 2009 New York City Council election, and dismissed the proceeding.

XIANG LI v MORRISVILLE STATE COLLEGE (2013 NY Slip Op 74823[U]):
3rd Dept. App. Div. order of 5/23/13; denial of motion; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution; APPEAL - APPELLATE DIVISION - MOTION FOR POOR PERSON RELIEF; App. Div. denied appellant's motion for permission to proceed as a poor person.

YOONESSI, MATTER OF v KING (2013 NY Slip Op 87332[U]):
3rd Dept. App. Div. order of 10/4/13; denial of motion; 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; APPEAL - CHALLENGE TO APPELLATE DIVISION ORDER DENYING APPELLANT'S MOTION FOR RECONSIDERATION AND FOR FURTHER RELIEF; App. Div. denied appellant's motion for reconsideration and for further relief.

YOONESSI, MATTER OF v TISCH (2013 NY Slip Op 87334[U]):
3rd Dept. App. Div. order of 10/4/13; 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; APPEAL - CHALLENGE TO APPELLATE DIVISION ORDER DENYING APPELLANT'S MOTION FOR RECONSIDERATION AND FOR FURTHER RELIEF; App. Div. denied appellant's motion for reconsideration and for further relief.

For November 29, 2013 through December 5, 2013, the following preliminary appeal statements were filed:

CAROSELLI, MATTER OF v MARRUS (111 AD3d 624):
2nd Dept. App. Div. judgment of 11/6/13; dismissal of proceeding; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; PROCEEDING AGAINST BODY OR OFFICER - MANDAMUS - WHEN REMEDY AVAILABLE - CHALLENGE TO APPELLATE DIVISION ORDER HOLDING THAT PETITIONER FAILED TO DEMONSTRATE A CLEAR LEGAL RIGHT TO THE RELIEF SOUGHT; App. Div. granted petitioner's application for poor person relief to the extent of waiving the filing fee, otherwise denied the application, denied the CPLR article 78 petition in the nature of mandamus to compel a Supreme Court Justice to vacate an order denying the petitioner's CPL 440 motion to vacate a judgment of conviction, and dismissed the proceeding.

DEMPSEY, MATTER OF v NEW YORK CITY DEPARTMENT OF EDUCATION (108 AD3d 454):
1st Dept. App. Div. order of 7/16/13; reversal; leave to appeal granted by App. Div., 11/12/13; Rule 500.11 review pending; CIVIL RIGHTS - WHETHER DETERMINATION DENYING APPLICATION FOR CERTIFICATION AS A SCHOOL BUS DRIVER WAS ARBITRARY AND CAPRICIOUS, AN ABUSE OF DISCRETION OR CONTRARY TO LAW; Supreme Court, New York County, granted a CPLR article 78 petition to the extent of annulling respondent Department of Education's (DOE) determination, which denied petitioner's request for certification as a school bus driver, ordering that the DOE approve petitioner's application to be a certified DOE school bus driver, and remanding the remaining issues to the DOE; App. Div. reversed, denied the petition and dismissed the proceeding.

K.Y.W. ENTERPRISE CORP. v KIM (2013 NY Slip Op 88340[U]):
1st Dept. App. Div. order of 10/15/13; denial of motion; sua sponte examination 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; LANDLORD AND TENANT - RENT REGULATION - CLAIMED VIOLATION OF LANDLORD'S RIGHT TO A JURY TRIAL OF ITS HOLDOVER PROCEEDING IN HOUSING COURT; APPEAL - APPELLATE DIVISION - DENIAL OF MOTION FOR LEAVE TO APPEAL FROM AN APPELLATE TERM ORDER; Civil Court of the City of New York, New York County, granted tenants' motion to dismiss the holdover petition and for Rule 130 sanctions, and denied as moot landlord's cross motion for summary judgment; App Term affirmed; App. Div. denied appellant's motion for leave to appeal to the App. Div. from a 5/29/13 App. Term order.

O'BRIEN, MATTER OF v NEW YORK STATE COMMISSIONER OF EDUCATION (— AD3d —, 2013 NY Slip Op 07223):
3rd Dept. App. Div. order of 11/7/13; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; BONDS - SCHOOL DISTRICT'S APPROVAL OF BOND RESOLUTION TO FINANCE A FACILITIES PROJECT - WHETHER THE FACILITIES PROJECT AND BOND RESOLUTION VIOLATE THE SCHOOL DISTRICT'S CONSTITUTIONAL AND STATUTORY DEBT LIMIT - LOCAL FINANCE LAW § 104.00 - NEW YORK CONSTITUTION, ARTICLE VIII, § 4; SCHOOL DISTRICT'S NEGATIVE DECLARATION UNDER THE STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA) - WHETHER PETITIONER HAS STANDING TO CHALLENGE THE SCHOOL DISTRICT'S SEQRA DETERMINATION AND PROCESS; Supreme Court, Albany County, dismissed petitioner's application, in a CPLR article 78 proceeding, to review, among other things, a determination of respondent Commissioner of Education dismissing petitioner's challenge to a certain facilities project undertaken by respondent City School District of the City of Corning; App. Div. affirmed.

PREFERRED MUTUAL INSURANCE COMPANY v DONNELLY (111 AD3d 1242):
4th Dept. App. Div. order of 11/18/13; affirmance with dissents; Rule 500.11 review pending; INSURANCE - COVERAGE - DEFENSE AND INDEMNIFICATION IN UNDERLYING PERSONAL INJURY ACTION - LANDLORD'S INSURANCE POLICY - WHETHER PLAINTIFF INSURER MET ITS INITIAL BURDEN OF ESTABLISHING THAT THE LEAD POISONING EXCLUSION WAS PROPERLY ADDED TO THE SUBJECT POLICY AND THAT NOTICE OF THE AMENDMENT WAS PROVIDED TO THE INSURED; SUMMARY JUDGMENT; Supreme Court, Oneida County, among other things, granted plaintiffs' motion insofar as it sought summary judgment declaring that plaintiff has no duty to defend or indemnify its insured, defendant Donnelly, in a personal injury action commenced by defendant Jackson against Donnelly and others; App. Div. affirmed.

TRUMP VILLAGE SECTION 3, INC. v CITY OF NEW YORK (109 AD3d 899):
2nd Dept. App. Div. order of 9/18/13; reversal; leave to appeal granted by App. Div., 11/18/13; TAXATION - REAL PROPERTY TRANSFER GAINS TAX - APPLICABILITY OF TAX TO RESIDENTIAL COOPERATIVE CORPORATION UPON THE BASIS THAT A TAXABLE TRANSFER OR CONVEYANCE OF REAL PROPERTY OCCURRED WHEN THE CORPORATION VOLUNTARILY DISSOLVED ITSELF, TERMINATED ITS PARTICIPATION IN THE MITCHELL- LAMA HOUSING PROGRAM AND RECONSTITUTED ITSELF AS A FOR-PROFIT COOPERATIVE BY AMENDING ITS CERTIFICATE OF INCORPORATION, BYLAWS AND STANDARD OCCUPANCY AGREEMENT; STATUTE OF LIMITATIONS - WHETHER THE DECLARATORY JUDGMENT ACTION IS TIME- BARRED; Supreme Court, Kings County, in an action by plaintiff Trump Village Section 3, Inc. for, among other things, a judgment declaring that the real property tax imposed by Tax Law § 1201(b) and Administrative Code of City of New York § 11-2102(a) was improperly imposed upon it, denied that branch of plaintiff's cross motion which was for summary judgment declaring that the real property transfer tax was improperly imposed upon it, and, upon searching the record, awarded summary judgment to defendants declaring that the real property transfer tax was properly imposed upon plaintiff; App. Div., upon granting a motion and cross motion to amend an opinion and order of that court dated 10/3/12, and recalling and vacating that opinion and order, reversed, granted that branch of plaintiff's cross motion which was for summary judgment declaring that the real property transfer tax imposed by Tax Law § 1201(b) and Administrative Code of the City of New York § 11-2102(a) was improperly imposed, and remitted the matter to Supreme Court for entry of a judgment declaring that the real property transfer tax was improperly imposed upon plaintiff.