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For December 14, 2012 through December 20, 2012, the following preliminary appeal statements were filed:

PEOPLE ex rel. FRANZA v SHEAHAN (100 AD3d 1315):
3rd Dept. App. Div. order of 11/29/12; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; HABEAS CORPUS - WHEN REMEDY AVAILABLE - ARGUMENT THAT COULD HAVE BEEN RAISED UPON DIRECT APPEAL OR IN AN APPROPRIATE POSTJUDGMENT MOTION; Supreme Court, Chemung County denied petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing; App. Div. affirmed.

MARTINEZ (CHRISTOPHER), PEOPLE v (95 AD3d 677):
1st Dept. App. Div. order of 5/22/12; affirmance; leave to appeal granted by Smith, J., 12/11/12; CRIMES - DISCLOSURE - ROSARIO MATERIAL - DEFENDANT'S ENTITLEMENT TO AN ADVERSE INFERENCE CHARGE WHERE AN OFFICER'S HANDWRITTEN NOTES OF HIS INTERVIEW WITH THE COMPLAINANT WERE LOST; SUFFICIENCY OF THE EVIDENCE; Supreme Court, Bronx County convicted defendant, after a jury trial, of attempted robbery in the third degree, and sentenced him to a term of one to three years; App. Div. affirmed.

PATEL (VINOD), PEOPLE v (97 AD3d 701):
2nd Dept. App. Div. order of 7/11/12; grant of writ of error coram nobis; leave to appeal granted by Pigott, J., 11/27/12; APPEAL - EFFECTIVENESS OF APPELLATE COUNSEL - APPLICATION FOR WRIT OF ERROR CORAM NOBIS - CLAIMED FAILURE OF APPELLATE COUNSEL TO COMPLY WITH DEFENDANT'S TIMELY REQUEST TO FILE A NOTICE OF APPEAL - DEFENDANT HAD MOVED PRO SE FOR, AND HAD BEEN DENIED, PERMISSION TO FILE A LATE NOTICE OF APPEAL - APPLICATION OF PEOPLE v SYVILLE (15 NY3d 391 [2010]); Supreme Court, Queens County convicted defendant, upon his guilty plea, of two counts of possession of a sexual performance by a child; App. Div. granted defendant's application for a writ of error coram nobis seeking leave to file a late notice of appeal, and deemed defendant's notice of appeal to have been timely filed.

RAGINS v HOSPITALS INSURANCE COMPANY, INC. (96 AD3d 819):
2nd Dept. App. Div. order of 6/13/12; reversal; leave to appeal granted by Court of Appeals, 12/11/12; INSURANCE - DUTY TO DEFEND AND INDEMNIFY - OBLIGATION TO PAY INTEREST - WHETHER EXCESS CARRIER WAS RESPONSIBLE ONLY FOR PREJUDGMENT INTEREST ON THAT PORTION OF THE UNDERLYING JUDGMENT THAT IT WAS OBLIGATED TO PAY UNDER ITS POLICY, RATHER THAN FOR PREJUDGMENT AND POSTJUDGMENT INTEREST ON THE WHOLE AMOUNT OF THE UNDERLYING JUDGMENT; Supreme Court, Westchester County denied those branches of defendants' motion which were pursuant to CPLR 3211(a)(1) and (5), in effect, to dismiss so much of the complaint as sought to recover damages for breach of the subject insurance policy and for judgment declaring that they are not obligated to indemnify the plaintiff for costs and the remaining amount of unpaid interest incurred in connection with the underlying action; App. Div. reversed, granted those branches of defendants' motion which were pursuant to CPLR 3211(a)(1) and (5), and remitted to Supreme Court for the entry of a judgment declaring that the defendants are not obligated to indemnify the plaintiff for costs and the remaining amount of unpaid interest incurred in connection with the underlying action.

SAAD-EL-DIN (MOHAMED), MATTER OF v STEINER (101 AD3d 73):
3rd Dept. App. Div. order of 10/25/12; confirmation of determination; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; PROCEEDING AGAINST BODY OR OFFICER - CHALLENGE TO DETERMINATION SUSTAINING A DECISION TO SUSPEND PETITIONER STUDENT WITH A DISABILITY AFTER PETITIONER STATED TO FELLOW STUDENTS AND A TEACHER THAT HE WAS "GOING TO JUST BLOW THIS PLACE UP" AND WARNED THEM NOT TO "COME TO SCHOOL ON FRIDAY"; App. Div. confirmed a determination of respondent Commissioner of Education that sustained the decision of respondents Board of Education and School District to suspend petitioner from school, and dismissed the CPLR article 78 petition.

SANTIAGO (CHERYL), PEOPLE v (97 AD3d 704):
2nd Dept. App. Div. order of 7/11/12; modification; leave to appeal granted by Lippman, Ch. J., 11/26/12; CRIMES - MANSLAUGHTER IN THE SECOND DEGREE - SUFFICIENCY OF THE EVIDENCE; CONFESSION - STATEMENTS TO LAW ENFORCEMENT OFFICIALS - LETTERS TO INMATE; RIGHT TO COUNSEL - ALLEGED INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL; Dutchess County Court convicted defendant, upon a jury verdict, of murder in the second degree, and imposed sentence; App. Div. modified by reducing defendant's conviction of murder in the second degree to manslaughter in the second degree and vacating the sentence imposed thereon, and remitted the matter to County Court for resentencing on the conviction of manslaughter in the second degree.

For December 21, 2012 through December 27, 2012, the following preliminary appeal statements were filed:

GOLDEN CITY COMMERCIAL BANK v 207 SECOND AVENUE REALTY CORPORATION (100 AD3d 403):
1st Dept. App. Div. order of 11/8/12; modification; sua sponte examination whether the App. Div. order finally determines the action and whether a substantial constitutional question is directly involved to support the appeal taken as of right; MORTGAGES - FORECLOSURE - RECEIVER - CHALLENGE TO TIME PERIOD OF RECEIVERSHIP AND PAYMENT OF FUNDS BY RECEIVER; Supreme Court, New York County, among other things, granted the motion of nonparty Chang for release of funds held by nonparty Zapson as receiver, and, upon reargument and renewal, denied Zapson's motion to settle his supplemental account for the period from 8/7/07 through 5/27/10 and to bring it current; App. Div. modified to give Zapson leave to pay nonparty Lawrence Mandelker $111,569.65 before releasing the remainder of the funds to Chang's attorney.

NAVILLUS TILE, INC., MATTER OF v LC MAIN, LLC (98 AD3d 979):
2nd Dept. App. Div. order of 9/12/12; reversal; leave to appeal granted by Court of Appeals, 12/18/12; LIENS - MECHANIC'S LIEN - PROCEEDINGS TO EXTEND TWO MECHANIC'S LIENS - EXTENSION OF TIME TO EXTEND LIENS (CPLR 2004); Supreme Court, Westchester County, in orders dated 2/14/11, upon renewal and reargument, adhered to two orders dated 8/9/10 denying two petitions to extend, for a period of one year, the terms of two mechanic's liens filed in connection with real property; App. Div. reversed the orders dated 2/14/11, vacated the determinations in the orders dated 8/9/10, and granted the petitions nunc pro tuc to 5/19/10.

25 AVENUE C NEW REALTY, LLC v ALEA NORTH AMERICA INSURANCE COMPANY (96 AD3d 489):
1st Dept. App. Div. order of 6/12/12; modification; leave to appeal granted by App. Div., 12/6/12; Rule 500.11 review pending; INSURANCE - DUTY TO DEFEND AND INDEMNIFY - UNDERLYING PERSONAL INJURY ACTION - INCORRECT DATE OF INJURY IN COMPLAINT - INSURER WHOSE COVERAGE WAS NOT IN EFFECT AT ACTUAL TIME OF INJURY TENDERED NOTICE OF LAWSUIT TO INSURER WHOSE COVERAGE WAS IN EFFECT AT RELEVANT TIME - PLAINTIFFS CLAIM COVERAGE BY ESTOPPEL WHERE ONE INSURER'S LATE DISCLAIMER OF COVERAGE RESULTED IN INSUREDS' LOSS OF COVERAGE FROM OTHER INSURER; TIMELINESS OF INSUREDS' NOTICE TO PROPER INSURER; SUMMARY JUDGMENT; Supreme Court, Bronx County granted plaintiffs' motion for summary judgment to the extent of declaring that defendant Merrimack Mutual Fire Insurance Company is obligated to defend and indemnify plaintiffs in an underlying personal injury action, granted defendant Alea North America Insurance Company's cross motion for summary judgment dismissing the complaint and all cross claims against it, and denied Merrimack's cross motion for summary judgment; App. Div. modified to the extent of denying plaintiffs' motion for summary judgment and granting defendant Merrimack's cross motion for summary judgment to the extent of declaring that Merrimack is not obligated to defend and indemnify plaintiffs in the underlying personal injury action.