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For December 30, 2011 through January 5, 2012, the following preliminary appeal statements were filed:

BAKER (TREVIS D.), PEOPLE v (82 AD3d 1656, 82 AD3d 1657):
4th Dept. App. Div. orders of 3/25/11; affirmance; leave to appeal granted by Smith, J., 12/21/11; CRIMES - DISORDERLY CONDUCT (PENAL LAW § 240.20[3]) - PROBABLE CAUSE FOR ARREST - USE OF FOUL LANGUAGE IN PUBLIC IN CRITICIZING CONDUCT OF POLICE OFFICER - CONSTITUTIONALLY PROTECTED SPEECH; GUILTY PLEA; Monroe County Court convicted defendant, upon his guilty pleas, of criminal possession of a controlled substance in the third degree and assault in the second degree; App. Div. affirmed.

BREADY v CSX TRANSPORTATION, INC. (89 AD3d 1386):
4th Dept. App. Div. order of 11/10/11; reversal with dissents; Rule 500.11 review pending; NEGLIGENCE - WHAT CONSTITUTES - FOUR VEHICLE CHAIN REACTION COLLISION - LIABILITY OF FIRST CAR LAWFULLY STOPPED AT INTERSECTION FOR A RED LIGHT - FEDERAL EMPLOYERS' LIABILITY ACT (FELA) (45 USC § 51 ET SEQ.) - STANDARD OF PROOF FOR NEGLIGENCE AND PROXIMATE CAUSE UNDER FELA; Supreme Court, Onondaga County denied the motion of defendant CSX Transportation, Inc. (CSX) for summary judgment dismissing the complaint and cross claim against it; App. Div. reversed, granted CSX's motion and dismissed the complaint and cross claim as against it.

CUNNINGHAM, MATTER OF v NEW YORK STATE DEPARTMENT OF LABOR (89 AD3d 1347):
3rd Dept. App. Div. judgment of 11/23/11; confirmation of determination and dismissal of petition; CIVIL SERVICE - TERMINATION OF EMPLOYMENT - CONSTITUTIONALITY OF SEARCH CONDUCTED BY PUBLIC EMPLOYER BY PLACING GLOBAL POSITIONING SYSTEM DEVICES ON EMPLOYEE'S CAR WITHOUT A WARRANT; App. Div. confirmed a determination of the Commission of Labor finding petitioner guilty of misconduct and terminating his employment, and dismissed the CPLR article 78 petition.

HARRIS v CSX TRANSPORTATION, INC. (89 AD3d 1390):
4th Dept. App. Div. order of 11/10/11; reversal with dissents; Rule 500.11 review pending; NEGLIGENCE - WHAT CONSTITUTES - FOUR VEHICLE CHAIN REACTION COLLISION - LIABILITY OF FIRST CAR LAWFULLY STOPPED AT INTERSECTION FOR A RED LIGHT - FEDERAL EMPLOYERS' LIABILITY ACT (FELA) (45 USC § 51 ET SEQ.) - STANDARD OF PROOF FOR NEGLIGENCE AND PROXIMATE CAUSE UNDER FELA; Supreme Court, Onondaga County denied the motion of defendant CSX Transportation, Inc. (CSX) for summary judgment dismissing the complaint and cross claim against it; App. Div. reversed, granted CSX's motion and dismissed the complaint and cross claim as against it.

J. D'ADDARIO & COMPANY, INC. v EMBASSY INDUSTRIES, INC. (83 AD3d 1001):
2nd Dept. App. Div. order of 4/26/11; affirmance; leave to appeal granted by Court of Appeals, 12/20/11; INTEREST - PREJUDGMENT INTEREST - CPLR 5001(a) - WHETHER THE PREJUDGMENT INTEREST AMOUNT WAS GOVERNED BY THE STATUTORY RATE PURSUANT TO CPLR 5001(a) OR BY THE DEFAULT PROVISION OF THE PARTIES' CONTRACT FOR THE SALE OF REAL PROPERTY; Supreme Court, Suffolk County awarded judgment in favor of defendant and against plaintiff in the principal sum of $650,000, plus prejudgment interest in the sum of $224,538.27; thereafter, Supreme Court denied plaintiff's motion to vacate certain portions of the judgment; App. Div. dismissed as academic the appeal from so much of the judgment as awarded prejudgment interest in the sum of $224,538.27, otherwise affirmed the judgment and reversed the order, granted plaintiff's motion, set aside the award of interest from 7/31/06, vacated so much of the judgment as awarded prejudgment interest in the sum of $224,538.27, and remitted the matter to Supreme Court for entry of an appropriate amended judgment.

JOE (QUINTRELL), PEOPLE v (87 AD3d 1266):
4th Dept. App. Div. order of 9/30/11; affirmance; leave to appeal granted by Graffeo, J., 12/16/11; Rule 500.11 review pending; CRIMES - APPEAL - APPEAL WAIVER IN CONNECTION WITH GUILTY PLEA - APPELLATE DIVISION DID NOT SPECIFY WHETHER ITS AFFIRMANCE OF DEFENDANT'S CONVICTION WAS BASED ON THE VALIDITY OF THE APPEAL WAIVER OR ITS REVIEW AND REJECTION OF DEFENDANT'S EXCESSIVE SENTENCE CLAIM; Supreme Court, Onondaga County convicted defendant of criminal possession of a controlled substance in the second degree; App. Div. affirmed.

KAUR v AMERICAN TRANSIT INSURANCE COMPANY (86 AD3d 455):
1st Dept. App. Div. order of 7/14/11; modification; leave to appeal granted by App. Div., 12/13/11; Rule 500.11 review pending; ATTORNEY AND CLIENT - MALPRACTICE; SUCCESSOR LIABILITY - WHETHER DEFENDANT LAW FIRM MAY BE LIABLE FOR ALLEGED MALPRACTICE AS SUCCESSOR TO NORMAN VOLK & ASSOCIATES, P.C.; SUMMARY JUDGMENT; Supreme Court, New York County denied defendant Baker, McEvoy, Morrisey & Moskovits, P.C.'s motion for summary judgment dismissing the complaint as against it; App. Div. modified to the extent of searching the record and granting partial summary judgment in favor of plaintiff on the issue of defendant Baker, McEvoy, Morrissey & Moskovits, P.C.'s successor liability.

MARTIN (DANNY), PEOPLE v (88 AD3d 473):
1st Dept. App. Div. order of 10/11/11; affirmance; leave to appeal granted by Freedman, J., 12/8/11; Rule 500.11 review pending; CRIMES - EVIDENCE - SUPPRESSION HEARING - WHETHER THE EVIDENCE CONCERNING THE POLICE OFFICERS' INTERACTION WITH DEFENDANT ON THE STREET SUPPORTED A REASONABLE SUSPICION OF CRIMINALITY AND THE SUBSEQUENT DRUG SEIZURE AND ARREST; Supreme Court, New York County convicted defendant, upon his guilty plea, of criminal possession of a controlled substance in the fourth degree, and sentenced him, as a second felony drug offender, to a term of 3 1/2 years; App. Div. affirmed.

REITANO, MATTER OF (CANGRO v ROSADO) (89 AD3d 535):
1st Dept. App. Div. order of 11/15/11; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; GUARDIAN AND WARD - CONFIRMATION OF SPECIAL REFEREE'S REPORT AND APPROVAL AND JUDICIAL SETTLEMENT OF GUARDIAN'S AMENDED FINAL ACCOUNTING - CLAIMED ERRORS AND ABUSES IN GUARDIANSHIP PROCEEDINGS; Supreme Court, New York County, among other things, confirmed a report of the special referee, and approved and judicially settled the amended final accounting of the guardian; App. Div. affirmed.

SPENCER (ANDREW), PEOPLE v (87 AD3d 751):
2nd Dept. App. Div. order of 8/30/11; affirmance; leave to appeal granted by Ciparick, J., 12/28/11; CRIMES - RIGHT OF CONFRONTATION - PROOF OF COMPLAINANT'S MOTIVE TO FABRICATE; FAIR TRIAL - TRIAL JUDGE'S ALLEGED DISPLAY OF ANTAGONISM AGAINST DEFENSE COUNSEL; Supreme Court, Queens County convicted defendant of criminal possession of a weapon in the second degree, two counts of criminal possession of a weapon in the third degree, assault in the third degree, and menacing in the third degree, and imposed sentence; App. Div. affirmed.

YUSON (MORRIS B.), PEOPLE v (83 AD3d 1502):
4th Dept. App. Div. order of 4/29/11; affirmance; leave to appeal granted by Smith, J., 12/20/11; Rule 500.11 review pending; CRIMES - SENTENCE - POST- RELEASE SUPERVISION (PRS) - WHETHER PENAL LAW § 70.45(2)(e), PROVIDING FOR A MINIMUM POST-RELEASE SUPERVISION PERIOD OF ONE AND ONE-HALF YEARS, APPLIES TO A DEFENDANT WHO PLEADED GUILTY TO A CLASS D VIOLENT FELONY; Monroe County Court convicted defendant, upon his guilty plea, of assault in the second degree; App. Div. affirmed.

For January 6, 2012 through January 12, 2012, the following preliminary appeal statements were filed:

LAMB v GOVERNOR FOR NEW YORK STATE (90 AD3d 716):
2nd Dept. App. Div. order of 12/13/11; affirmance; sua sponte examination whether a substantial constitutional question is directly involved; JUDGMENTS - RES JUDICATA; DISMISSAL AND NONSUIT; Supreme Court, Suffolk County, among other things, granted defendants' motion insofar as it sought dismissal of the complaint on the ground of res judicata; App. Div. affirmed.

McFADDEN (BRANDON), PEOPLE v (87 AD3d 554):
2nd Dept. App. Div. order of 8/2/11; reversal; leave to appeal granted by Pigott, J., 12/28/11; CRIMES - DOUBLE JEOPARDY - AT FIRST TRIAL, DEFENDANT CONVICTED OF THE MISDEMEANOR OF CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE SEVENTH DEGREE, AND JURY DEADLOCKED ON TWO FELONY CHARGES - AFTER MISTRIAL GRANTED AS TO THE TWO FELONIES, DEFENDANT WAS RETRIED AND CONVICTED OF FELONY CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE THIRD DEGREE - WHETHER RETRIAL AND SUBSEQUENT FELONY CONVICTION VIOLATED DOUBLE JEOPARDY PRINCIPLES; CLAIMED WAIVER OF DOUBLE JEOPARDY PROTECTIONS; Supreme Court, Queens County convicted defendant, upon a jury verdict, of criminal possession of a controlled substance in the third degree, and imposed sentence; App. Div. reversed and dismissed the first count of the indictment charging criminal possession of a controlled substance in the third degree.

SHENENDEHOWA CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION v CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. (90 AD3d 1114):
3rd Dept. App. Div. order of 12/1/11; reversal with dissents; ARBITRATION - JUDICIAL REVIEW - ARBITRATION AWARD REINSTATING A BUS DRIVER WHO TESTED POSITIVE FOR MARIJUANA AFTER DRIVING CHILDREN TO SCHOOL - STANDARD OF REVIEW FOR VACATUR OF ARBITRATION AWARD; Supreme Court, Saratoga County, among other things, granted petitioner's application pursuant to CPLR 7511 to vacate an arbitration award; App. Div. reversed, denied the petition, granted the counterclaim, and confirmed the arbitration award.

WATSON (CARL), PEOPLE v (84 AD3d 1126):
2nd Dept. App. Div. order of 5/17/11; affirmance; leave to appeal granted by Lippman, Ch.J., 12/30/11; CRIMES - JUSTIFICATION - ADMISSIBILITY OF EVIDENCE OF HOMICIDE VICTIM'S PRIOR SPECIFIC CRIMINAL ACTS OF VIOLENCE AS RELEVANT TO THE ISSUE OF WHO WAS THE INITIAL AGGRESSOR WHERE DEFENDANT DID NOT KNOW ABOUT SUCH ACTS IN COMMITTING THE HOMICIDE; Supreme Court, Kings County convicted defendant of manslaughter in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposed sentence; App. Div. affirmed.