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For December 1, 2017 through December 7, 2017, the following preliminary appeal statements were filed:

BROOKS v APRIL (154 AD3d 564):
1st Dept. App. Div. order of 10/24/17; reversal with dissents; Rule 500.11 review pending; Physicians and Surgeons--Malpractice--Whether, upon submission of affirmations of experts on defendants' motion for summary judgment, defendants established their entitlement to judgment as a matter of law and plaintiffs failed to raise a triable issue of fact as to defendant physician's alleged negligence in diagnosing plaintiff's brain trauma; Supreme Court, New York County, among other things, denied defendants' motion for summary judgment dismissing the complaint in its entirety; App. Div. reversed and granted defendants' motion for summary judgment.

MATTER OF CZEIZINGER (CHAMBLISS-PARTEE; BALDWIN, JR.) (155 AD3d 1580):
4th Dept. App. Div. order of 11/9/17; affirmance; 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; Accounting--Objections to accounting denied; claimed lack of personal and subject matter jurisdiction; alleged denial of objector's right to present proof; Surrogate's Court, Onondaga County, among other things, denied the objections to an amended accounting by Donald K. Czeizinger, as Administrator of the Estate of Frederick D. Czeizinger; App. Div. affirmed.

DIXON v CUOMO:
Supreme Court, Cayuga County, order of 11/6/17; partial grant of motion to dismiss, sua sponte examination whether the order finally determines the action within the meaning of the Constitution and whether a direct appeal lies from a Supreme Court order pursuant to CPLR 5601(b)(2); Proceeding Against Body or Officer--Certiorari--Various claims and causes of action asserted by prisoner--dismissal of all but one cause of action; claimed due process violations; Supreme Court, Cayuga County, among other things, granted respondents' motion to dismiss petitioner's complaint with respect to all claims and causes of action except petitioner's CPLR article 78 application for review of respondent Superintendent's 5/2/17 hearing determination and 6/9/17 affirmation; and directed respondent to file and serve answering papers on or before 12/1/17.

MERY v EGINGER (149 AD3d 827):
2nd Dept. App. Div. order of 4/12/17; affirmance; leave to appeal granted by App. Div., 11/22/17; Rule 500.11 review pending; Negligence--Liability for Acts of Independent Contractor--Plaintiff struck in the eye by piece of wire ejected from lawn mower; whether property owner was vicariously liable for negligence on part of independent contractor who was mowing property owner's lawn; whether lawn mowing is an inherently dangerous activity; Supreme Court, Dutchess County, granted the motion of defendant Society of Friends Church &c. for summary judgment dismissing the complaint insofar as asserted against it; App. Div. affirmed.

SPENCE, MATTER OF v NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS (154 AD3d 1234):
3rd Dept. App. Div. order of 10/26/17; modification; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Constitutional Law--First Amendment Rights--Rights of public employees to campaign for and hold elected office--employee policies with respect to outside activities; proceeding against body or officer--CPLR article 78 proceeding and action for declaratory judgment challenging disapproval of dairy product specialists' requests to campaign for and serve as county legislators; summary judgment; Supreme Court, Albany County, in a combined CPLR article 78 proceeding and action for declaratory judgment, among other things, granted respondents' motion for summary judgment dismissing the petition and complaint; App. Div. modified by declaring that the outside activities policy of respondent Department of Agriculture and Markets has not been shown to be unconstitutional, and as so modified, affirmed.

For December 8, 2017 through December 14, 2017, the following preliminary appeal statements were filed:

ELLIS, MATTER OF v CAWLEY (154 AD3d 1225):
3rd Dept. App. Div. order of 10/26/17; 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--CPLR article 78 proceeding to prohibit respondents from retrying petitioner on double jeopardy grounds, after defense motion for a mistrial granted in the first prosecution of petitioner on various charges arising out of a violent home invasion--during pendency of article 78 proceeding, petitioner was retried and convicted of all charges in the indictment; mootness; App. Div., in a CPLR article 78 proceeding, dismissed the petition as moot.

MATTER OF BEATRICE R.H. (ANONYMOUS)(A.D. NO. 2014-10563) (2017 NY Slip Op 89959[U]):
2nd Dept. App. Div. order of 10/20/17; denial of reargument; 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--Appellate Division-- Reargument of appeal; App. Div. denied appellant's motion for, among other things, leave to reargue an appeal from a 9/5/14 Supreme Court, Nassau County, order, which was determined by a 9/16/15 order of the same App. Div.

MATTER OF BEATRICE R.H. (ANONYMOUS)(A.D. NO. 2014-07498) (2017 NY Slip Op 89958[U]):
2nd Dept. App. Div. order of 10/20/17; denial of reargument; 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--Appellate Division-- Reargument of appeal; App. Div. denied appellant's motion for, among other things, leave to reargue an appeal from a 7/7/14 Supreme Court, Nassau County, order, which was determined by a 9/16/15 order of the same App. Div.

MATTER OF BEATRICE R.H. (ANONYMOUS)(A.D. NO. 2014-00155) (2017 NY Slip Op 89960[U]):
2nd Dept. App. Div. order of 10/20/17; denial of reargument; 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--Appellate Division-- Reargument of appeal; App. Div. denied appellant's motion for, among other things, leave to reargue an appeal from a 11/18/15 Supreme Court, Nassau County, order, which was determined by a 6/8/16 order of the same App. Div.

WRIGHT, MATTER OF v NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION (155 AD3d 1137):
3rd Dept. App. Div order of 11/2/17; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Prisons and Prisoners--Discipline of Inmates--Whether disciplinary hearing was conducted in a timely manner; whether respondent failed to disclose material evidence to petitioner; Supreme Court, Chemung County, dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Superintendent of Elmira Correctional Facility finding petitioner guilty of violating certain prison disciplinary rules; App. Div. affirmed.

For December 15, 2017 through December 21, 2017, the following preliminary appeal statements were filed:

L & L ASSOCIATES HOLDING CORP. v GITLITZ (2017 NY Slip Op 91028[U]):
2nd Dept. App. Div. 10/31/17; denial of motion; sua sponte examination 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; Appeal--Appellate Division--Motion for a stay denied by the Appellate Division; Supreme Court, Nassau County, granted plaintiff's motion for summary judgment, and directed plaintiff to submit a proposed order on notice; and thereafter, granted plaintiff's motion for summary judgment and appointed a referee; App. Div. denied appellant Castelle's motion to stay all proceedings in this tax lien foreclosure action pending determination of appeals from two Supreme Court, Nassau County orders, and to consolidate the appeals.