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For November 3, 2017 through November 23, 2017, the following preliminary appeal statements were filed:

DIXON v STATE OF NEW YORK (153 AD3d 1529):
3rd Dept. App. Div. order of 9/28/17; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Courts--Court of Claims--Whether claimant stated a cause of action and whether claim was timely--personal injury claim by prisoner related to claimant's belief that the name on his birth certificate has been misused by defendant's employees and agents--claimed false criminal accusations and convictions; claimed due process violations; Court of Claims granted defendant's motion to dismiss the claim; App. Div. affirmed.

EASTBROOKE CONDOMINIUM, MATTER OF v AINSWORTH (147 AD3d 1510):
4th Dept. App. Div. order of 2/10/17; affirmance; leave to appeal granted by Court of Appeals, 10/24/17; Taxation--Assessment--Whether condominium unit owner's authorization to condominium's board of managers to act as an agent in proceeding challenging tax assessment for a particular tax year authorizes the board to act as unit owner's agent for a different year; application of Real Property Tax Law § 339-y (4); whether respondents waived any deficiency in unit owners' authorizations; Supreme Court, Monroe County, granted the petitions under Real Property Tax Law article 7 to the extent of reducing the tax assessments for the challenged years, but limited the condominium unit owners entitled to tax refunds; App. Div. affirmed.

GALAXY BAR & GRILL CORP., MATTER OF v NEW YORK STATE LIQUOR AUTHORITY (154 AD3d 476):
1st Dept. App. Div. order of 10/12/17; affirmance; sua sponte examination whether the order appealed from finally determines the proceeding within the meaning of the Constitution; Intoxicating Liquors--Licenses--Whether the determination by the State Liquor Authority, disapproving petitioner's application for a full on-premises liquor license, had a rational basis; Supreme Court, New York County, granted the amended petition brought pursuant to CPLR article 78 and annulled respondent New York State Liquor Authority's (SLA) determination, dated 2/16/16, which denied petitioner Galaxy Bar & Grill Corp.'s application for a full on-premises liquor license, and remitted the matter to the SLA for reconsideration of the application; App. Div. affirmed.

GOLSTON, PEOPLE ex rel. v KIRKPATRICK (153 AD3d 1498):
3rd Dept. App. Div. order of 9/21/17; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right and whether any jurisdictional basis exists to support an appeal as of right; Habeas Corpus--When remedy available; Supreme Court, Clinton County, granted respondent's motion to dismiss the petition for a writ of habeas corpus in a proceeding pursuant to CPLR article 70; App. Div. affirmed.

NIAGARA MOHAWK POWER CORPORATION v ALLIED HEALTHCARE PRODUCTS, INC. (137 AD3d 1539):
3rd Dept. App. Div. order of 3/31/16; reversal; leave to appeal granted by Court of Appeals, 10/17/17; Covenants--Covenants Running with the Land--Whether affirmative covenant to provide free power to manufacturing facilities on property now owned by defendant Allied Healthcare Products is unenforceable as a burden in perpetuity; whether plaintiff and defendant Albany Engineering are equitably estopped from challenging covenant; whether defendant Allied Healthcare Products abandoned the power covenant; Supreme Court, Albany County, among other things, granted the motion of defendant Allied Healthcare Products for summary judgment dismissing, among other things, the second amended complaint against it; App. Div. reversed, denied the motion of defendant Allied Healthcare Products for summary judgment, granted the motions of plaintiff and defendant Albany Engineering Corporation for summary judgment, and declared that the power covenant at issue is unenforceable; Supreme Court thereafter denied plaintiff's motion to allow further proceedings to adjudicate the scope of its recoverable damages.

For November 10, 2017 through November 16, 2017, the following preliminary appeal statements were filed:

CANGRO v PARK SOUTH TOWERS ASSOCIATES (154 AD3d 489):
1st Dept. App. Div. order of 10/12/17; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Dismissal and Nonsuit--Dismissal of Complaint--Claims dismissed based on res judicata, untimeliness, and failure to plead with requisite particularity; sanctions against plaintiff; Supreme Court, New York County, granted defendants' motion to dismiss the complaint and for monetary sanctions; App. Div. affirmed.

ERIE INSURANCE EXCHANGE v J.M. PEREIRA & SONS, INC. (151 AD3d 1879):
4th Dept. App. Div. order of 6/30/17; affirmance; leave to appeal granted by App. Div., 9/29/17; Rule 500.11 review pending; Insurance--Duty to Defend and Indemnify-- Whether summary judgment was properly denied to plaintiff--whether plaintiff failed to establish, as a matter of law, that a certain exception to Exclusion G in the subject business catastrophe liability policy does not apply--commercial liability umbrella coverage--exhaustion of underlying policy coverage; summary judgment; Supreme Court, Monroe County, insofar as appealed from, denied plaintiff's motion for summary judgment; App. Div. affirmed.

LEVY, MATTER OF v JAFFEE (153 AD3d 1173):
1st Dept. App. Div. judgment of 9/26/17; dismissal; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Proceeding Against Body or Officer--Prohibition--Supreme Court Justice declined to sign order to show cause; claimed due process violations; App. Div. denied the CPLR article 78 application, and dismissed the petition.

RICART (DOMINGO), PEOPLE v (153 AD3d 421):
1st Dept. App. Div. order of 8/1/17; reversal; leave to appeal granted by Webber, J., 10/3/17; Rule 500.11 review pending and sua sponte examination of whether the Appellate Division order of reversal was "on the law alone or upon the law and such facts which, but for the determination of law, would not have led to reversal" (CPL 450.90 [2][a]); Crimes--Right to Speedy Trial--Whether the motion court properly denied defendant's speedy trial motion; motion court determined that People failed to exercise due diligence in making witness available for trial and that exceptional circumstances therefore did not exist under CPL 30.30(4)(g); Supreme Court, New York County, convicted defendant of attempted murder in the second degree and assault in the first degree, and imposed sentence; App. Div. reversed, granted defendant's CPL 30.30 motion and dismissed the indictment.

SANABRIA (RAFAEL), PEOPLE v (151 AD3d 401):
1st Dept. App. Div. order of 6/1/17; affirmance; leave to appeal granted by Manzanet-Daniels, J., 9/28/17; Rule 500.11 review pending; Crimes--Evidence--Whether trial court improperly infringed on defendant's ability to present a defense by limiting defendant's expert's testimony; right to counsel--effective representation--whether defendant received the effective assistance of counsel; counsel referred to defendant's prior "sexual incident" during voir dire and failed to fully redact references to defendant's prior sexual assault conviction from defense exhibits; jurors--whether trial court abused its discretion in refusing to conduct an inquiry into whether a highly publicized mass murder committed by a mentally ill man during the trial affected jurors' ability to serve; Supreme Court, New York County, convicted defendant, upon a jury verdict, of robbery in the first degree, and sentenced him, as a second violent felony offender, to a term of 10 years; App. Div. affirmed.

SHEPHERD, MATTER OF v ANNUCCI (153 AD3d 1495):
3rd Dept. App. Div. judgment of 9/21/17; confirmation of determination; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Prisons and Prisoners--Discipline of Inmates--Whether prisoner was denied the right to call witnesses and consult with an attorney; whether prisoner's employee assistant was inadequate; compliance with regulations concerning urinalysis testing; alleged due process violations; App. Div. confirmed a determination finding petitioner guilty of violating a prison disciplinary rule, and dismissed the CPLR article 78 petition.

XOCHIMITL (OMAR), PEOPLE v (147 AD3d 793):
2nd Dept. App. Div. order of 2/1/17; affirmance; leave to appeal granted by Barros, J., 10/12/17; Rule 500.11 review pending; Crimes--Suppression Hearing-- Warrantless entry into suspect's home; whether the People established that elderly female relative, who lived in subject apartment with defendant, voluntarily consented to the police's entry into the apartment by opening the door and stepping aside in response to the officers' request to enter; Supreme Court, Kings County, convicted defendant, upon a jury verdict, of manslaughter in the first degree, and imposed sentence; App. Div. affirmed.

For November 17, 2017 through November 23, 2017, the following preliminary appeal statements were filed:

PAPPAS, MATTER OF v NASSAU COUNTY SUPREME COURT (— AD3d —, 2017 NY Slip Op 07602):
2nd Dept., App. Div., judgment of 11/1/17; dismissal; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Proceeding Against Body or Officer--Prohibition--Mandamus--whether the remedies of prohibition or mandamus lie; whether petitioner demonstrated a clear legal right to the relief sought; claimed restraint on free speech; claimed due process and equal protection violations; App. Div. denied the petition and dismissed the CPLR article 78 proceeding.

WILLIAMS, MATTER OF v APPEALS BOARD OF ADMINISTRATIVE ADJUDICATION BUREAU, STATE DEPARTMENT OF MOTOR VEHICLES (153 AD3d 1419):
2nd Dept. App. Div. order of 9/27/17; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Proceeding Against Body or Officer--Dismissal of Petition--Denial of application for new driver license--claimed due process violations; motor vehicles--operator's license; Supreme Court, Kings County, in a CPLR article 78 proceeding to review a 12/31/13 determination of the New York State Department of Motor Vehicles Administrative Appeals Board affirming the denial of petitioner's application for a new driver license, denied the petition and dismissed the proceeding; App. Div. affirmed.