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For November 8, 2019 through November 14, 2019, the following preliminary appeal statements were filed:

ALLEN (CHARO N.), PEOPLE v (63 Misc 3d 159[A], 2019 NY Slip Op 50869[U]):
App. Term, 2nd Dept., 9th and 10th Judicial Districts order of 5/30/19; affirmance; leave to appeal granted by Wilson, J., 10/9/19; Crimes--Accusatory Instrument-- Whether District Court properly dismissed accusatory instrument as facially insufficient where People failed to properly file a certificate of translation; First Judicial District Court, Suffolk County, granted the branch of defendant's motion seeking to dismiss the accusatory instrument; App. Term affirmed.

BROOKS (KIETH), PEOPLE v a/k/a BROOKS (KEITH) (63 Misc 3d 158[A], 2019 NY Slip Op 50859[U]):
App. Term, 1st Dept. order of 6/3/19; affirmance; leave to appeal granted by Wilson, J., 10/9/19; Crimes--Accusatory Instrument--Whether certificate of translation was necessary to convert accusatory instrument to an information; whether certificate of translation must comply with 22 NYCRR 200.3; Criminal Court of the City of New York, Bronx County, granted defendant's motion to dismiss the accusatory instrument pursuant to CPL 30.20; App. Term affirmed.

HODGDON (NICOLE), PEOPLE v (175 AD3d 65):
3rd Dept. App. Div. order of 7/11/19; affirmance; leave to appeal granted by Fahey, J., 10/18/19; District and Prosecuting Attorneys--Special Prosecutor--Whether Executive Law § 522 allows special prosecutor to prosecute individuals accused of crimes against vulnerable persons where the special prosecutor obtains the knowing, written consent of a district attorney to do so and the district attorney retains ultimate responsibility for the prosecution; constitutionality of Executive Law § 522; Supreme Court, Albany County, granted defendant's motion to dismiss the indictment; App. Div. affirmed.

HOPE (JUSTIN), PEOPLE v (174 AD3d 1069):
3rd Dept. App. Div. order of 7/11/19; affirmance; leave to appeal granted by Fahey, J., 10/18/19; District and Prosecuting Attorneys--Special Prosecutor--Whether Executive Law § 522 allows special prosecutor to prosecute individuals accused of crimes against vulnerable persons where the special prosecutor obtains the knowing, written consent of a district attorney to do so and the district attorney retains ultimate responsibility for the prosecution; constitutionality of Executive Law § 522; County Court, Albany County, granted defendant's motion to dismiss the indictment; App. Div. affirmed.

SLADE (KENNETH), PEOPLE v (63 Misc 3d 161[A], 2019 NY Slip Op 50893[U]):
App. Term, 1st Dept. order of 6/6/19; affirmance; leave to appeal granted by Wilson, J., 10/9/19; Crimes--Accusatory Instrument--Whether certificate of translation was required to convert complaint to information; denial of CPL 30.30 motion; Criminal Court of the City of New York, Bronx County, convicted defendant of attempted assault in the third degree and harassment in the second degree; App. Term affirmed.

VIVIANI (MARIA Y.), PEOPLE v (174 AD3d 1069):
3rd Dept. App. Div. order of 7/11/19; affirmance; leave to appeal granted by Fahey, J., 10/18/19; District and Prosecuting Attorneys--Special Prosecutor--Whether Executive Law § 522 allows special prosecutor to prosecute individuals accused of crimes against vulnerable persons where the special prosecutor obtains the knowing, written consent of a district attorney to do so and the district attorney retains ultimate responsibility for the prosecution; constitutionality of Executive Law § 522; Supreme Court, Albany County, granted defendant's motion to dismiss the indictment; App. Div. affirmed.

WILLIAMS (LANCE), PEOPLE v (172 AD3d 637):
1st Dept. App. Div. order of 5/30/19; affirmance; leave to appeal granted by Wilson, J., 11/1/19; Crimes--Possession of Weapon--Whether trial court properly denied defendant's request for a charge on the defense of temporary lawful possession; Crimes--Jurors--whether the hearing court properly denied defendant's CPL 330.30(2) motion to set aside the verdict on the ground of improper conduct toward a juror; Supreme Court, Bronx County, convicted defendant of criminal possession of a weapon in the second degree and imposed sentence; App. Div. affirmed.

WONG, MATTER OF v PONTE (173 AD3d 879):
2nd Dept. App. Div. order of 6/12/19; affirmance; sua sponte examination whether the appeal was timely taken and whether a substantial constitutional question is directly involved to support an appeal as of right; Proceeding Against Body or Officer-- Dismissal of Petition--Whether this proceeding pursuant to CPLR article 78--to review a determination of the New York City Department of Correction, which terminated petitioner's probationary employment as a correction officer--was properly dismissed; Supreme Court, Queens County, denied petition and dismissed proceeding pursuant to CPLR article 78 to review a determination of the New York City Department of Correction, which terminated petitioner's probationary employment as a correction officer; App. Div. affirmed.

For November 15, 2019 through November 21, 2019, the following preliminary appeal statements were filed:

PETTUS v YEE (65 Misc 3d 142[A], 2019 NY Slip Op 51722[U]):
App. Term, 1st Dept. order of 10/25/19; affirmance; sua sponte examination of whether any basis exists for an appeal as of right; Appeal--Appealable Paper; Civil Court of the City of New York, Bronx County, granted defendant's motion to dismiss the action; App. Term affirmed.

SCHULZ v TOWN BOARD OF THE TOWN OF QUEENSBURY (— AD3d —, 2019 NY Slip Op 07667):
3rd Dept. App. Div. order of 10/24/19; modification; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; Declaratory Judgments--When Remedy Appropriate-- Whether petitioner's claims relative to the State Environmental Quality Review Act should have been brought in the context of a CPLR article 78 proceeding; Constitutional Law--Freedom of Speech--Whether the failure of respondent Town Board to respond in writing to comments concerning a proposed land use project violated petitioner's free speech rights; Supreme Court, Warren County, among other things, upon reargument, adhered to its prior decision granting defendants' cross motion to dismiss; among other things, granted defendants' cross motion to dismiss the amended complaint; App. Div. modified the judgment and order by declaring that defendants were not obligated to respond to plaintiff''s petitions for redress of grievances dated 10/17/16 and 6/4/18, and as so modified, affirmed.

WORD, PEOPLE ex rel. v STATE OF NEW YORK (2019 NY Slip Op 82592[U]):
1st Dept. App. Div. order of 10/24/19; denial of motion; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; Motions and Orders--Reargument or Renewal; App. Div. denied a motion for renewal and reargument of original writ of habeas corpus, denied by App. Div. order 6/4/19.