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For December 26, 2014 through January 1, 2015, the following preliminary appeal statements were filed:

HENDERSON (WAYNE), PEOPLE v (118 AD3d 1020):
2nd Dept. App. Div. order of 6/25/14; reversal; leave to appeal granted by Smith, J., 12/16/14; CRIMES - RIGHT TO COUNSEL - EFFECTIVE REPRESENTATION - SINGLE ERROR STANDARD - WHETHER TRIAL COUNSEL'S CLAIMED DEFICIENT PREPARATION OF AN EXPERT WITNESS DEPRIVED DEFENDANT OF MEANINGFUL REPRESENTATION; Supreme Court, Queens County, convicted defendant of attempted murder in the second degree and two counts of assault in the first degree, upon a jury verdict, and imposed sentence; App. Div. reversed and ordered a new trial.

PAF-PAR LLC v SILBERBERG (118 AD3d 446):
1st Dept. App. Div. order of 6/5/14; affirmance; leave to appeal granted by Court of Appeals, 12/16/14; SURETYSHIP AND GUARANTEE - GUARANTEE OF PROMISSORY NOTE - BORROWER'S FULL PAYMENT OF MODIFIED LOAN AMOUNT - GUARANTOR NOT LIABLE FOR MORE - WHETHER THE GUARANTOR IS LIABLE FOR THE FULL ORIGINAL LOAN AMOUNT WHERE THE BORROWER SATISFIED ITS OBLIGATIONS UNDER A MODIFICATION AGREEMENT AND THE GUARANTY STATES THAT THE GUARANTOR'S OBLIGATIONS SHALL NOT BE AFFECTED BY "MODIFICATION, ALTERATION OR REARRANGEMENT"; Supreme Court, New York County, denied plaintiff's motion for summary judgment in lieu of complaint and granted defendants' cross motion to dismiss the complaint; App. Div. affirmed.

THOMPSON (FREDDIE), PEOPLE v (118 AD3d 822):
2nd Dept. App. Div. order of 6/11/14; affirmance and modification; leave to appeal granted by Smith, J., 12/18/14; CRIMES - SENTENCE - RESENTENCE - WHETHER THE COURTS BELOW PROPERLY CALCULATED THE 10-YEAR LOOK-BACK PERIOD IN ADJUDICATING DEFENDANT A SECOND VIOLENT FELONY OFFENDER; WHETHER DEFENDANT WAS DEPRIVED OF A FAIR TRIAL BY COMMENTS MADE DURING SUMMATION; WHETHER SUPREME COURT ERRED IN DENYING DEFENDANT'S MOTION TO REOPEN THE WADE HEARING; Supreme Court, Richmond County, (1) convicted defendant of two counts of robbery in the first degree and escape in the first degree, upon a jury verdict, and imposed sentence, and (2) resentenced defendant, as a second violent felony offender, to determinate terms of imprisonment of 20 years upon his convictions of robbery in the first degree, followed by five years of postrelease supervision, to run concurrently with each other and with an indeterminate term of 3 1/2 to 7 years imposed upon his conviction of escape in the first degree; App. Div. affirmed the judgment of conviction and sentence, and modified the resentence by reducing the determinate terms of imprisonment imposed upon the convictions of robbery in the first degree from 20 years to 15 years and, as so modified, affirmed the resentence.

TUNG, MATTER OF v CHINA BUDDHIST ASSOCIATION (124 AD3d 13):
1st Dept. App. Div. order of 11/13/14; reversal; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; RELIGIOUS CORPORATIONS AND ASSOCIATIONS - MEETINGS - WHETHER THE APPELLATE DIVISION CORRECTLY DETERMINED THAT THE ISSUES RAISED BY PETITIONERS ARE RELIGIOUS IN NATURE AND CANNOT BE DECIDED THROUGH THE APPLICATION OF NEUTRAL PRINCIPLES OF LAW; CLAIMED FIRST AMENDMENT AND FOURTEENTH AMENDMENT VIOLATIONS; Supreme Court, New York County, granted the petition to the extent of invalidating the China Buddhist Association's May 2011 meeting and directed that another general meeting be held with petitioners included; App. Div. reversed, vacated the order and dismissed the petition.

For January 2, 2015 through January 8, 2015, the following preliminary appeal statements were filed:

DiPIPPO (ANTHONY), PEOPLE v (117 AD3d 1076):
2nd Dept. App. Div. order of 5/28/14; affirmance; leave to appeal granted by Smith, J., 12/23/14; CRIMES - EVIDENCE - WHETHER THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN DENYING DEFENDANT'S MOTION TO ADMIT EVIDENCE OF ALLEGED THIRD-PARTY CULPABILITY, CONSISTING OF THE THIRD-PARTY'S ALLEGED DECLARATION AGAINST PENAL INTEREST, WHERE PROOF OF THE THIRD-PARTY'S PRIOR ACTS OF MISCONDUCT ARE PROFFERED UNDER A "REVERSE MOLINEUX" THEORY TO DEMONSTRATE THE RELIABILITY OF SUCH DECLARATION; RIGHT TO COUNSEL - ALLEGED INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL FOR FAILING TO REQUEST THAT (1) THE ALLEGEDLY CULPABLE THIRD PARTY BE GRANTED IMMUNITY UPON INVOKING HIS RIGHT AGAINST SELF- INCRIMINATION AND (2) A PARTICULAR WITNESS BE CHARGED TO THE JURY AS AN ACCOMPLICE IN FACT; Supreme Court, Putnam County, convicted defendant of murder in the second degree and rape in the first degree, upon a jury verdict, and imposed sentence; App. Div. affirmed.

GORDON v CHUBB GROUP OF INSURANCE COMPANY (114 AD3d 482):
1st Dept. App. Div. orders of 2/11/14 and 11/18/14; affirmance (2/11/14 order) and denial of motion (11/18/14 order); sua sponte examination whether the orders appealed from finally determine the action within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; INTEREST - COMPUTATION - CLAIMED DUE PROCESS, SEPARATION OF POWERS, AND EQUAL PROTECTION VIOLATIONS; Supreme Court, New York County, after a nonjury trial, awarded plaintiff damages for medical liens and out of pocket expenses and calculated interest from the commencement of the action at a simple rather than compound rate; App. Div. affirmed and thereafter; denied plaintiff's motion for reconsideration/reargument or for leave to appeal to the Court of Appeals.

ORTIZ (LUIS), PEOPLE v (114 AD3d 430):
1st Dept. App. Div. order of 2/4/14; modification; leave to appeal granted by Smith, J., 12/22/14; CRIMES - COLLATERAL ESTOPPEL - WHETHER THE PEOPLE WERE BARRED FROM PRESENTING ON DEFENDANT'S RETRIAL EVIDENCE THAT DEFENDANT HELD A RAZOR BLADE TO THE VICTIM'S NECK - DEFENDANT WAS ACQUITTED OF BURGLARY IN THE FIRST DEGREE AT THE FIRST TRIAL BUT CONVICTED OF ROBBERY IN THE SECOND DEGREE, AND THE ONLY DIFFERENCE BETWEEN THE TWO OFFENSES WAS WHETHER DEFENDANT USED OR THREATENED USE OF A DANGEROUS INSTRUMENT - WHETHER CASE IS DISTINGUISHABLE FROM PEOPLE v O'TOOLE (22 NY3d 335 [2013]); Supreme Court, Bronx County, convicted defendant, after a jury trial, of burglary in the second degree, and sentenced him, as a persistent violent felony offender, to a term of 23 years to life; App. Div. modified to the extent of vacating the sentence and remanding for resentencing, and otherwise affirmed.

PICKERING-GEORGE v WAMBUA (117 AD3d 583):
1st Dept. App. Div. judgment of 5/20/14 and Supreme Court, New York County order dated 10/27/14; confirmation of agency determination (App. Div. order) and denial of motion (Supreme Court order); sua sponte examination whether (1) the appeal from the May 20, 2014 App. Div. judgment was timely taken and, if so, a substantial constitutional question is directly involved to support an appeal as of right from the App. Div. judgment; and (2) the Supreme Court order dated October 22, 2014 finally determines the proceeding within the meaning of the Constitution; PUBLIC HOUSING - RENT SUBSIDY - TERMINATION - CHALLENGE TO APPELLATE DIVISION JUDGMENT CONFIRMING DETERMINATION TERMINATING PETITIONER'S SECTION 8 RENT SUBSIDY; App. Div. confirmed determination of respondent Department of Housing Preservation and Development, denied the CPLR article 78 petition and dismissed the proceeding; thereafter, Supreme Court, New York County, denied petitioner's motion for an order to restore the CPLR article 78 proceeding and for other relief.

STATE OF NEW YORK, MATTER OF v ANTHONY N. (120 AD3d 941,120 AD3d 943):
4th Dept. App. Div. orders of 8/8/14 affirmance; leave to appeal granted by Court of Appeals, 12/17/14; CRIMES - SEX OFFENDERS - CIVIL COMMITMENT OR SUPERVISION - MENTAL ABNORMALITY - DIAGNOSIS OF BORDERLINE PERSONALITY DISORDER (BPD) - WHETHER BPD CAN CONSTITUTE A MENTAL ABNORMALITY REQUIRING CIVIL COMMITMENT; Supreme Court, Orleans County, determined that Anthony N. is a detained sex offender pursuant to Mental Hygiene Law article 10 and requires civil management in the form of strict and intensive supervision and treatment (SIST); thereafter, Supreme Court revoked Anthony N.'s SIST placement and committed him to a secure treatment facility upon a determination that he violated the conditions of SIST; App. Div. affirmed.

TAYLOR (RHIAN), PEOPLE v (120 AD3d 842):
2nd Dept. App. Div. order of 8/28/14; affirmance; leave to appeal granted by Smith, J., 12/23/14; CRIMES - JURORS - NOTICE OF SUBSTANTIVE JURY INQUIRY - WHERE THE PARTIES AGREED THAT THE COURT COULD PROVIDE THE JURY WITH ANY "REQUESTED EXHIBITS" WITHOUT CONSULTING COUNSEL, WHETHER THE TRIAL COURT COMMITTED AN ERROR UNDER PEOPLE v O'RAMA (78 NY2d 270), WHERE IT DID NOT CONSULT COUNSEL BEFORE RESPONDING TO A JURY NOTE ASKING "TO SEE THE BENEFITS OFFERED" TO THE PEOPLE'S TWO COOPERATING WITNESSES BY PROVIDING THE JURY WITH THE WRITTEN COOPERATION AGREEMENT AS TO ONE OF THE WITNESSES, WHICH WAS IN EVIDENCE, WHERE THE BENEFITS OFFERED TO THE OTHER WITNESS WERE REFLECTED ONLY IN TESTIMONY AND NOT IN ANY EXHIBIT; IDENTIFICATION OF DEFENDANT - PHOTOGRAPHIC ARRAY - WHETHER DEFENDANT "OPENED THE DOOR" TO A WITNESS TESTIFYING TO AN EXTRAJUDICIAL IDENTIFICATION OF A PHOTOGRAPH OF DEFENDANT; WHETHER THE TRIAL COURT ERRED IN ALLOWING A DETECTIVE TO TESTIFY THAT DEFENSE COUNSEL WAS PRESENT AT A LINEUP OBSERVED BY A WITNESS; Supreme Court, Queens County, convicted defendant of murder in the second degree, assault in the second degree, two counts of criminal possession of a weapon in the second degree, and reckless endangerment in the first degree, upon a jury verdict, and imposed sentence; App. Div. affirmed.

THOMAS v NEW YORK CITY HOUSING AUTHORITY (120 AD3d 401):
1st Dept. App. Div. order of 8/7/14; modification; leave to appeal granted by App. Div., 12/11/14; Rule 500.11 review pending; MUNICIPAL CORPORATIONS - NOTICE OF CLAIM - SUFFICIENT PARTICULARITY OF NOTICE - WHETHER PLAINTIFF'S NOTICE OF CLAIM ALLEGING A DEFECTIVE FLOOR LANDING GAVE SUFFICIENT NOTICE OF A CLAIM CONCERNING A DEFECTIVE HANDRAIL; Supreme Court, Bronx County, granted defendant's motion to strike from the bill of particulars allegations concerning the handrail of the staircase where plaintiff allegedly fell, and denied plaintiff's cross motion for leave to amend the notice of claim; App. Div. modified to deny defendant's motion, and otherwise affirmed.

For January 9, 2015 through January 15, 2015, the following preliminary appeal statements were filed:

AETNA HEALTH PLANS v HANOVER INSURANCE COMPANY (116 AD3d 538):
1st Dept. App. Div. order of 4/15/14; affirmance; leave to appeal granted by Court of Appeals, 1/8/15; INSURANCE - NO-FAULT AUTOMOBILE INSURANCE - WHETHER A HEALTH CARE INSURER THAT PAID FOR THE MEDICAL TREATMENT OF AN INDIVIDUAL HURT IN A CAR ACCIDENT WHILE DRIVING A CAR COVERED BY NO-FAULT AUTOMOBILE INSURANCE MAY MAINTAIN A REIMBURSEMENT CLAIM AGAINST THE NO-FAULT INSURANCE CARRIER UNDER PRINCIPLES OF SUBROGATION - 11 NYCRR 65- 3.11(a); NECESSITY FOR PRIVITY OF CONTRACT; WHETHER THE COMPLAINT SHOULD HAVE BEEN DISMISSED FOR LACK OF STANDING - ESTOPPEL - UNTIMELY DISCLAIMER; Supreme Court, Bronx County, granted defendant's cross motion to dismiss the complaint and denied plaintiff's motion for summary judgment on the issue of liability; App. Div. affirmed.

HARRISON (ANDRE), PEOPLE v (115 AD3d 980):
2nd Dept. App. Div. order of 3/26/14; dismissal of appeal; leave to appeal granted by Lippman, Ch.J., 12/29/14; CRIMES - APPEAL - ABSENCE OF DEFENDANT - INVOLUNTARY DEPORTATION - WHETHER THE APPELLATE DIVISION ERRED IN DISMISSING DEFENDANT'S APPEAL ON THE GROUND THAT HE HAD BEEN DEPORTED AND WAS NO LONGER AVAILABLE TO OBEY THE MANDATE OF THE COURT; Supreme Court, Queens County, among other things, denied that branch of defendant's motion which was pursuant to CPL 440.10 to vacate a 6/8/08 judgment of conviction; App. Div. granted respondent's motion to dismiss the appeal on the ground that the appellant has been deported and is unavailable to obey the mandate of the court, and dismissed the appeal without prejudice to a motion to reinstate the appeal should he return to the court's jurisdiction.

JOSEPH (JOEL), PEOPLE v (121 AD3d 445):
1st Dept. App. Div. order of 10/7/14; affirmance; leave to appeal granted by Lippman, Ch.J., 12/31/14; CRIMES - ARREST - PROBABLE CAUSE - DRUG TRANSACTION - CIRCUMSTANTIAL EVIDENCE OF ONGOING DRUG ACTIVITY - WHETHER THE POLICE HAD PROBABLE CAUSE TO ARREST DEFENDANT WHEN SOME OF THE INFORMATION UPON WHICH THE POLICE RELIED CAME FROM A CONFIDENTIAL INFORMANT SEVERAL MONTHS EARLIER; Supreme Court, New York County, convicted defendant, upon his guilty plea, of criminal possession of a controlled substance in the third degree and sentenced him, as a second drug felony offender, to a term of six years; App. Div. affirmed.

PELLEGRINO (STEPHEN), PEOPLE v (43 Misc 3d 145(A)):
App. Term, 1st Dept. order of 6/9/14; affirmance; leave to appeal granted by Lippman, Ch.J., 12/31/14; Rule 500.11 review pending; CRIMES - PLEA OF GUILTY - SUFFICIENCY OF ALLOCUTION - WAIVER OF CONSTITUTIONAL RIGHTS - WHETHER DEFENDANT'S COLLOQUY AT CRIMINAL COURT WAS SUFFICIENT UNDER BOYKIN v ALABAMA (395 US 238 [1969]) AND PEOPLE v TYRELL (22 NY3d 359 [2013]) WHERE IT CONTAINED NO DISCUSSION OF THE RIGHTS DEFENDANT WAS WAIVING BY ENTERING THE PLEA, PURSUANT TO WHICH HE PLEADED GUILTY TO A MISDEMEANOR IN RETURN FOR A NEGOTIATED SENTENCE OF A $250 FINE; Criminal Court of the City of New York, New York County, convicted defendant, upon his guilty plea, of promoting prostitution in the fourth degree, and imposed sentence; App. Term affirmed.

SANDERS (OSCAR), PEOPLE v (119 AD3d 878):
2nd Dept. App. Div. order of 7/23/14; affirmance; leave to appeal granted by Lippman, Ch.J., 12/30/14; CRIMES - SUPPRESSION HEARING - SEARCH AND SEIZURE OF DEFENDANT'S CLOTHING LYING ON THE FLOOR OF A HOSPITAL ROOM IN A CLEAR PLASTIC BAG, AS POSSIBLE EVIDENCE OF A CRIME IN WHICH POLICE BELIEVED DEFENDANT WAS THE VICTIM - AFTER SEARCH OF BAG, OFFICER CONCLUDED DEFENDANT'S WOUNDS WERE SELF-INFLICTED AND ARRESTED DEFENDANT FOR CRIMINAL POSSESSION OF A WEAPON; WHETHER TRIAL COURT ERRED IN CONDUCTING AN OFF- THE-RECORD SANDOVAL HEARING OUTSIDE OF DEFENDANT'S PRESENCE; CLAIMED VIOLATIONS OF CONSTITUTIONAL RIGHTS; Supreme Court, Queens County, convicted defendant, upon a jury verdict, of criminal possession of a weapon in the second and third degrees, and imposed sentence; App. Div. affirmed.