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For December 22, 2017 through December 28, 2017, the following preliminary appeal statements were filed:

DeVERA, MATTER OF v ELIA (152 AD3d 13):
3rd Dept. App. Div. order of 6/8/17; reversal; leave to appeal granted by Court of Appeals, 12/12/17; Proceeding Against Body or Officer--Certiorari--CPLR article 78 proceeding on behalf of charter schools and parents of children attending pre-kindergarten programs at the schools to, among other things, annul so much of the Commissioner of Education's determination as found the charter schools properly required to execute a Pre-K contract as a condition to receiving state funds as a collaborating partner with a public school district--whether a school district can impose regulations on a charter school to obtain state funding for pre-kindergarten programming as a partner in the school district's consolidated application to the New York State Department of Education--grants under Education Law § 73; Supreme Court, Albany County, dismissed petitioners' application in a CPLR article 78 proceeding, to review a determination of respondent Commissioner of Education partially dismissing petitioners' challenge to certain conditions imposed upon their receipt of certain state funds; App. Div. reversed, granted the petition, annulled that part of the determination upholding certain conditions imposed upon petitioners' receipt of certain state funds, and remitted the matter to respondent Commissioner of Education for further proceedings not inconsistent with the decision.

MATTER OF LACEE L. (STEPHANIE L.; ADMINISTRATION FOR CHILDREN'S SERVICES) (153 AD3d 1151):
1st Dept. App. Div. order of 9/12/17; affirmance; leave to appeal granted by App. Div., 12/7/17; Social Services--Foster Care--Whether the Americans With Disabilities Act applies in Family Court article 10 proceeding in evaluating whether agency made reasonable efforts to achieve the permanency goal of returning the subject child to the parent, who suffers from a cognitive disability; Family Court, Bronx County, determined that petitioner agency made reasonable efforts to achieve the permanency goal of returning the subject child to respondent mother during the nine-month period following the child's removal; App. Div. affirmed.

MANCINI, MATTER OF v OFFICE OF CHILDREN AND FAMILY SERVICES (151 AD3d 1494):
3rd Dept. App. Div. order of 6/29/17; affirmance; leave to appeal granted by Court of Appeals, 12/14/17; Workers' Compensation--Limitation of Right to Compensation-- Whether compensation benefits awarded for impairment of wage-earning capacity pursuant to Workers' Compensation Law § 15(3)(v) are subject to the durational limitations of Workers' Compensation Law § 15(3)(w); App. Div. affirmed decision of the New York State Workers' Compensation Board, which ruled, among other things, that claimant was entitled to workers' compensation benefits pursuant to Workers' Compensation Law § 15(3)(v).

SAVE AMERICA'S CLOCKS, INC., MATTER OF v CITY OF NEW YORK (157 AD3d 133):
1st Dept. App. Div. order of 11/30/17; affirmance with dissents; Municipal Corporations--Landmarks--Whether determination of New York City Landmarks Preservation Committee (LPC) approving a Certificate of Appropriateness allowing owner of property to convert landmark-designated clock tower into a private residence, and to convert the clock from a mechanical to an electrical system of operation, was arbitrary and capricious, lacked a rational basis in the record, or was affected by an error of law; whether New York City's Landmarks Preservation and Historic Districts Law (Administrative Code of City of NY § 25-301 et seq.) permits the LPC to require the property owner to allow continuing public access to interior landmark; whether requiring continued public access to interior landmark constitutes a taking under the 5th Amendment to the U.S. Constitution; Supreme Court, New York County, granted the CPLR article 78 petition to annul a Certificate of Appropriateness, issued 5/29/15, which authorized work on certain features of a designated interior landmark; App. Div. affirmed.

NEW YORK CITY ASBESTOS LITIGATION, MATTER OF (SOUTH v CHEVRON) (153 AD3d 461):
1st Dept. App. Div. order of 8/29/17; affirmance; leave to appeal granted by App. Div., 12/14/17; Seamen--Jones Act--Whether release executed by plaintiff in a 1997 Jones Act (46 USC § 30104 et seq.) action was enforceable in subsequent Jones Act and negligence action brought by plaintiff and his wife derivatively against defendant manufacturer of asbestos; plaintiff, who was exposed to asbestos while serving as merchant mariner, executed release before mesothelioma diagnosis; enforceability of release under Federal Employers' Liability Act (45 USC § 55); Supreme Court, New York County, denied defendant's motion for summary judgment dismissing the complaint insofar as asserted against it; App. Div. affirmed.

For December 29, 2017 through January 4, 2018, the following preliminary appeal statements were filed:

ALLEN (DORAN), PEOPLE v (152 AD3d 401):
1st Dept. App. Div. order of 7/6/17; reversal; leave to appeal granted by Kahn, J., 12/21/17; Grand Jury--Resubmission of Charges--Whether People improperly re-presented second-degree murder charge to grand jury without obtaining leave of the court pursuant to CPL 190.75(3); where defendant was ultimately acquitted of murder charge, whether presence of murder charge during trial and submission of that charge to the jury improperly influenced the verdict convicting defendant of manslaughter in the first degree; whether harmless error analysis applies; Supreme Court, Bronx County, convicted defendant of manslaughter in the first degree and sentenced him to a term of 25 years; App. Div. reversed and remanded for a new trial.

MID-HUDSON VALLEY FEDERAL CREDIT UNION v QUARTARARO & LOIS, PLLC (155 AD3d 1218):
3rd Dept. App. Div. order of 11/9/17; modification with dissents; Rule 500.11 review pending; Dismissal and Nonsuit--Dismissal of Complaint--Extent of particularization required in a complaint alleging legal malpractice, breach of contract and fraud, in the face of defendants' CPLR 3211 (a)(7) pre-answer motion to dismiss the complaint; attorney and client--malpractice; Supreme Court, Ulster County, granted defendants' motion pursuant to CPLR 3025(a) and 3211(a) to dismiss the complaint to the extent of dismissing the breach of contract cause of action, but denied the motion with regard to the legal malpractice and fraud causes of action; App. Div. modified by reversing so much of the order as denied defendant's motion to dismiss the legal malpractice and fraud causes of action, granted the motion to that extent and dismissed those causes of action, and, as so modified, affirmed.

THOMAS (MICHAEL), PEOPLE v (153 AD3d 860):
2nd Dept. App. Div. order of 8/23/17; affirmance; leave to appeal granted by Rivera, J., 12/18/17; Crimes--Sentence--Second Felony Offender--Whether a prior felony conviction may be used as a predicate felony conviction if the defendant is resentenced on the prior felony conviction after the commission of the instant felony; Supreme Court, Kings County, granted defendant's CPL 440.10 motion to set aside a sentence of the same court, imposed 12/14/93, upon his conviction of robbery in the third degree, upon a jury verdict, and directed that he be resentenced; App. Div. affirmed.