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For November 30, 2018 through December 6, 2018, the following preliminary appeal statements were filed:

BEARD v CHASE (162 AD3d 533):
Supreme Court, New York County, judgment of 10/23/18, bringing up for review 1st Dept. App. Div. order of 6/21/18; affirmance with dissents; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution; Statute of Frauds--Part Performance--Whether purported oral agreement to sell works of art was barred by the statute of frauds—whether defendants raised issues of fact regarding partial or full performance of the alleged contract; summary judgment; declaratory judgment; Supreme Court granted plaintiffs' motion for partial summary judgment on their causes of action for a declaration, conversion and replevin, and declared that plaintiff Peter Beard is the sole owner of the subject art work; App. Div. affirmed; Supreme Court directed judgment in favor of plaintiffs on their first, second and third causes of action for declaratory judgment, conversion and replevin.

DELKAP MANAGEMENT, INC., MATTER OF v NEW YORK STATE DIVISION OF HUMAN RIGHTS (144 AD3d 1148):
2nd Dept. App. Div. judgment of 11/30/16; leave to appeal granted by Court of Appeals, 11/27/18; Rule 500.11 review pending: Civil Rights--Discriminatory Rental Practices--Whether substantial evidence supports determination of New York State Division of Human Rights (DHR) that complainant was discriminated against based on her disability and that property owners retaliated against complainant for engaging in protected behavior; complainant requested accommodation to building's no-dog policy to allow her to keep companion dog; whether property owner was required to engage in interactive process with complainant in determining whether accommodation request was reasonable; App. Div. (1) granted the petition of petitioners/cross respondents (property owners) to the extent of annulling the determination of DHR Acting Commissioner that (a) the property owners discriminated against complainant on the basis of her disability, (b) awarded compensatory damages to complainant in the amount of $5,000 and punitive damages in the amount of $10,000, and (c) imposed a civil penalty upon property owners in the amount of $5,000 each payable to the State of New York; (2) otherwise denied the property owners' petition to annul DHR Acting Commissioner's determination that they wrongfully retaliated against complainant in violation of Executive Law § 296; (3) granted DHR's cross petition to the extent of confirming directives that the property owners create policies and procedures to evaluate requests for reasonable accommodations and develop and implement training to prevent unlawful discrimination; (4) otherwise denied the cross petition; (5) otherwise dismissed the proceeding; and (6) remitted the matter to DHR to impose (a) a new award for compensatory damages not to exceed $2,500, (b) a new award for punitive damages not to exceed $2,500, and (c) a new civil penalty upon each property owner payable to the State of New York not to exceed $2,000 each.

GROVER, MATTER OF v STATE INSURANCE FUND (165 AD3d 1329):
3rd Dept. App. Div. order of 10/4/18; affirmance with dissents; Rule 500.11 review pending; Workers' Compensation--Injuries Arising out of and in Course of Employment--Claimant injured shoulder on her way to work by reaching out car window to scan parking pass to enter garage located in her employer's building; App. Div. affirmed decision of the Workers' Compensation Board which ruled that claimant's injury did not arise out of and in the course of her employment, and denied her claim for workers' compensation benefits.

LEGGIO, MATTER OF v DEVINE (158 AD3d 803):
2nd Dept. App. Div. judgment of 2/28/18; confirmation of determination; leave to appeal granted by Court of Appeals, 11/20/18; Social Services--Food Stamp Allowance- -Whether Suffolk County Department of Social Services properly determined that child support payments for two of petitioner's children, both full-time college students, counted as household income for purposes of determining eligibility for Supplemental Nutrition Assistance Program benefits; App. Div. confirmed the determination of a designee of the Commission of the New York State Office of Temporary and Disability Assistance dated 12/30/14, denied the CPLR article 78 petition, and dismissed the proceeding.

RADEN v W 7879, LLC (164 AD3d 440):
1st Dept. App. Div. order 8/16/18; affirmance; leave to appeal granted by App. Div., 11/20/18; Landlord and Tenant--Rent--Whether look-back period for rent overcharge claim is limited to four years before overcharge complaint is filed; whether defendants engaged in fraud in deregulating apartment and whether deviation from rent stabilization was willful; whether plaintiffs are entitled to treble damages or attorneys' fees; Supreme Court, New York County, awarded plaintiff's damages for rent overcharges; App. Div. affirmed.

SUN v OHENE (2018 NY Slip Op 87957[U]):
2nd Dept. App. Div. order of 11/5/18; dismissal of appeal; sua sponte examination whether any jurisdictional basis exists for an appeal as of right; Appeal--Appellate Division--Dismissal of appeal--order to show cause; Supreme Court, Richmond County, granted defendant's motion to dismiss the complaint, and dismissed the complaint with prejudice; App. Div., on order to show cause why the appeal should not be dismissed on the ground that no appeal lies from an order entered upon the default of the appealing party, granted respondent's motion to dismiss the appeal, and dismissed the appeal.

For December 7, 2018 through December 13, 2018, the following preliminary appeal statements were filed:

ALAMIN, MATTER OF, A LICENSED LEGAL CONSULTANT (165 AD3d 88):
2nd Dept. App. Div. order of 9/19/18; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Attorney and Client--Disciplinary Proceedings--Licensed legal consultant--revocation of license; App. Div. in a disciplinary proceeding initiated by the Grievance Committee for the Second, Eleventh and Thirteenth Judicial Districts, granted petitioner's motion to confirm the Special Referee's report, revoked respondent's license to serve as a legal consultant, and declared his name stricken from the roll of licensed legal consultants, and denied respondent's motions to, among other things, dismiss the petition.

CONLEY (KAITLYN) (GATEHOUSE MEDIA), PEOPLE v (165 AD3d 1602):
4th Dept. App. Div. orders of 10/5/18; dismissal; sua sponte examination whether a civil appeal lies from App. Div. orders entered in a criminal proceeding; Parties-- Intervention--Whether trial court properly denied nonparty newspaper reporter's request for juror identifying information, including voir dire questionnaires; whether nonparty may intervene or be joined in criminal case; alleged violation of the First Amendment right of access to judicial proceedings; County Court, Oneida County, (order 11/9/17) denied the motion of GateHouse Media New York Holdings, Inc., and Jolene Cleaver for access to juror identifying information; and (order 12/19/17) denied the motion of GateHouse Media New York Holdings, Inc, and Jolene Cleaver for access to juror identifying information; App. Div. dismissed the appeals and vacated the 11/9/17 and 12/19/17 orders.

PREFERRED GROUP OF MANHATTAN, INC. v CITY OF POUGHKEEPSIE (166 AD3d 916):
2nd Dept. App. Div. order of 11/21/18; affirmance; 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; Taxation--Tax Liens, Tax Sales and Tax Titles--Validity of tax lien sale and tax deeds--claimed due process and other problems with City of Poughkeepsie collection and enforcement procedures for unpaid real property taxes; Supreme Court, Dutchess County, granted defendant City's motion for summary judgment with respect to the amended complaint insofar as asserted against it, and denied those branches of plaintiff's cross motion which were for summary judgment on the first, second and third causes of action, and for severance of the fourth cause of action; App. Div. affirmed, and remitted the matter to Supreme court for the entry of a judgment, among other things, declaring that the subject 2013 tax lien sale and subject 2015 tax deeds are valid and enforceable against plaintiff.

For December 14, 2018 through December 20, 2018, the following preliminary appeal statements were filed:

NATIONAL FUEL GAS SUPPLY CORP., MATTER OF v SCHUECKLER (— AD3d —, 2018 NY Slip Op 07550):
4th Dept. App. Div. order of 11/9/18; reversal with dissents; Eminent Domain-- Exemption from Public Hearing--Whether petitioner natural gas company held qualifying federal permit under Eminent Domain Procedure Law (EDPL) 206(A), thereby exempting it from standard hearing and findings procedure of EDPL article 2; Federal Energy Regulatory Commission granted petitioner's application for a certificate of public convenience and necessity to construct 97-mile natural gas pipeline across respondents' land, but State Department of Environmental Conservation denied petitioner's application for water quality certification (WQC); federal certificate of public convenience allowed construction of pipeline subject to various conditions, including State's issuance of WQC; Supreme Court, Alleghany County, granted the petition for the acquisition of easements; App. Div. reversed and dismissed the petition.

REGINA METROPOLITAN CO., LLC, MATTER OF v NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL (164 AD3d 420):
1st Dept. App. Div. order of 8/16/18, corrected 9/5/18; modification; leave to appeal granted by App. Div., 12/4/18; Landlord and Tenant--Rent--Whether method used by respondent New York State Division of Housing and Community Renewal (DHCR) to calculate rent overcharge for apartment, which looked beyond the four-year limitations period to determine base date rent, was arbitrary and capricious; landlord improperly deregulated apartment while receiving J-51 tax benefits.; Supreme Court, New York County, (1) denied the CPLR article 78 petitions to modify a determination of respondent DHCR, which affirmed a 2/26/14 order of the rent administrator that calculated a base date rent by looking back more than four years from the rent overcharge complaint, and denied petitioner tenants' requests for treble damages and attorneys' fees; and (2) dismissed the proceedings; App. Div. modified by granting landlord's petition to the extent of remanding the matter to respondent DHCR to recalculate the base date rent by looking back to four years before the filing of the overcharge complaint; and otherwise affirmed.

TAYLOR v 72A REALTY ASSOCIATES, L.P. (151 AD3d 95):
1st Dept. App. Div. order of 5/25/17; modification; leave to appeal granted by App. Div., 12/13/18; Landlord and Tenant--Rent Regulation--Action to recover rent overcharges for apartment leased as exempt from rent regulation while landlord received tax incentives under the City's J-51 program--Whether the Appellate Division erred in recognizing a residential rent overcharge computation starting more than four years before the action was commenced, and failing to dismiss the plaintiffs' claim for treble damages; effect of expiration of landlord's tax exemption/abatement (J-51) status in the 2002/2003 tax year; Supreme Court, New York County, granted defendants' motion for summary judgment dismissing the complaint to the limited extent of dismissing the complaint as to Janet Zinberg, and granted plaintiffs' cross motion (1) for a declaration that the subject apartment is rent stabilized and that they are the rent stabilized tenants and (2) for dismissal of defendants' seventh and ninth affirmative defenses; App. Div. modified solely to declare that the increases made to the rent-stabilized rent in 2000, based upon individual apartment improvements (IAIs) before plaintiffs took occupancy, were legally permissible, and otherwise affirmed.