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For November 24, 2017 through November 30, 2017, the following preliminary appeal statements were filed:

ANDREW CAROTHERS, M.D., P.C. v PROGRESSIVE INSURANCE COMPANY (150 AD3d 192):
2nd Dept. App. Div. order of 4/5/17; affirmance; leave to appeal granted by App. Div., 10/27/17; Insurance--No-Fault Automobile Insurance--Payment withheld by insurance carrier for medical services provided by a professional corporation which has been "fraudulently incorporated" to allow nonphysicians to share in its ownership and control--elements necessary to establish the defense of fraudulent incorporation recognized in State Farm Mut. Auto. Ins. Co. v Mallela (4 NY3d 313 [2005]); jury instructions--adverse inference--nonparties' invocation of Fifth Amendment privilege against self-incrimination; Civil Court of the City of New York, Richmond County, upon a jury verdict, found in favor of defendant and against plaintiff, dismissing the complaint; App. Term affirmed; App. Div. affirmed.

KELLER-GOLDMAN v GOLDMAN (149 AD3d 422):
1st Dept. App. Div. order of 4/6/17; affirmance with dissents; Rule 500.11 review pending; Parent, Child and Family--Support--Whether the father's credit against child support obligations, while he is paying for a particular child's room and board at an educational institution, is subject to a cap--interpretation of parties' Stipulation of Settlement and Agreement; Supreme Court, New York County, adhered to its earlier order (8/19/15) which granted plaintiff's motion to the extent of interpreting the parties' Stipulation of Settlement and Agreement as providing a cap on defendant's credit against his child support obligations; App. Div. affirmed.

RODRIGUEZ (WILLIAM), PEOPLE v (153 AD3d 235):
1st Dept. App. Div. order of 7/25/17; affirmance with dissents; leave to appeal granted by Acosta, P.J., 11/2/17; Rule 500.11 review pending; Crimes--Right of Confrontation--Whether defendant was deprived of his right of confrontation by the introduction into evidence at trial of laboratory reports of DNA testing linking him to the crime based solely upon the testimony of a witness who was not one of the analysts who performed, witnessed or supervised the testing; right to counsel--effective representation--whether defense counsel's failure to object, on confrontation clause grounds, to the admission of evidence relating to DNA test results constituted ineffective assistance of counsel; Supreme Court, New York County (5/20/14 amended judgment), convicted defendant, upon his guilty plea, of five counts of burglary in the first degree, five counts of robbery in the first degree, two counts of robbery in the second degree, six counts of kidnapping in the second degree, and two counts of endangering the welfare of a child; Supreme Court (3/19/14 judgment) convicted defendant, upon a jury verdict, of burglary in the second degree; App. Div. affirmed both judgments.

T-MOBILE NORTHEAST, LLC, MATTER OF v DeBELLIS (143 AD3d 992):
2nd Dept. App. Div. order of 10/26/16; affirmance; leave to appeal granted by Court of Appeals, 11/20/17; Taxation--Real Property Tax--Whether cellular telephone equipment housed on rooftops in petitioner's service area are taxable real property under RPTL 102(12)(i) or RPTL 102(12)(b); whether application of RPTL 102(12)(i) to certain components of petitioner's cellular telephone equipment violates petitioner's right to equal protection; Supreme Court, Westchester County, denied the petition and dismissed the proceeding; App. Div. affirmed.

WATTS (RODNEY), PEOPLE v (148 AD3d 578):
1st Dept. App. Div. order of 3/23/17; affirmance; leave to appeal granted by Wilson, J., 10/6/17; Crimes--Forgery--Whether the crime of criminal possession of a forged instrument in the second degree, as defined by Penal Law § 170.10, encompasses the sale of counterfeit concert and sporting event tickets; Supreme Court, New York County, convicted defendant, upon his guilty plea, of two counts of criminal possession of a forged instrument in the second degree, and sentenced him, as a second felony offender, to concurrent terms of 2 1/2 to 5 years; App. Div. affirmed.