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For December 5, 2014 through December 11, 2014, the following preliminary appeal statements were filed:

FARIAS v SIMON (122 AD3d 466):
1st Dept. App. Div. order of 11/18/14; affirmance with two-Justice dissent; Rule 500.11 review pending; LABOR - SAFE PLACE TO WORK - HOMEOWNER'S EXEMPTIONS UNDER LABOR LAW §§ 240(1) AND 241 - HOMEOWNER DEFENDANTS' ENTITLEMENT TO SUMMARY JUDGMENT; Supreme Court, New York County, (1) granted the motion for summary judgment dismissing the claims against the homeowner defendants, (2) denied plaintiff's motion for summary judgment on the claims against the homeowner defendants, (3) denied the third-party defendant Guttilla Contracting Ltd.'s motion for summary judgment dismissing the third-party complaint, and (4) severed and dismissed the main action and directed that the third-party action shall continue under index number 113267/08; App. Div. affirmed.

JACKSON F., MATTER OF (121 AD3d 1114):
2nd Dept. App. Div. order of 10/29/14; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; PARENT AND CHILD - ABUSED OR NEGLECTED CHILD - WHETHER FAMILY COURT ERRED IN DRAWING AN ADVERSE INFERENCE AGAINST RESPONDENT FATHER BASED ON HIS FAILURE TO TESTIFY AT THE FACT- FINDING HEARING, AND IN ADMITTING INTO EVIDENCE A CHILD PROTECTIVE SERVICES INTAKE REPORT WITH THE IDENTITY OF THE REPORTER REDACTED; CLAIMED DUE PROCESS VIOLATIONS; Family Court, Suffolk County, among other things, after fact-finding and dispositional hearings, found that father neglected the child Jackson F., placed father under the supervision of the Suffolk County Department of Social Services, and suspended judgment for a period of one year provided father complied with enumerated terms and conditions; and, among other things, directed father to refrain from consuming illegal drugs or alcohol, misusing prescription medication, and engaging in acts or threats of domestic violence; App. Div. affirmed the order of fact-finding and disposition, and the order of protection.

LLIBRE (MARCOS), PEOPLE v (2014 NY Slip Op 73663[U]):
1st Dept. App. Div. order of 6/3/14; denial of writ of error coram nobis; leave to appeal granted by Rivera, J., 12/3/14; CRIMES - RIGHT TO COUNSEL - EFFECTIVE REPRESENTATION - COUNSEL'S FAILURE TO INFORM DEFENDANT OF HIS RIGHT TO APPEAL AND TO FILE A NOTICE OF APPEAL - WHETHER THE APPELLATE DIVISION ERRED IN DENYING DEFENDANT'S APPLICATION FOR A WRIT OF ERROR CORAM NOBIS SEEKING LEAVE TO FILE A LATE NOTICE OF APPEAL - PEOPLE v SYVILLE (15 NY3d 392 [2010]); App. Div. denied application for a writ of error coram nobis.

MANKO v GABAY (2013 NY Slip Op 77358[U]): ( 2013 NY Slip Op 86710[U]): ( 2014 NY Slip Op 64670[U]):
2nd Dept. App. Div. orders of 6/20/13, 9/30/13 and 2/26/14; sua sponte examination of 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 - DISMISSAL OF APPEAL FOR FAILURE TO PERFECT - DENIAL OF MOTION FOR LEAVE TO APPEAL TO COURT OF APPEALS; Supreme Court, Kings County, granted motion to dismiss complaint; App. Div. (1) granted appellant Manko's motion to enlarge the time to perfect the appeal to the extent that the time to perfect was enlarged until 7/26/13, and ordered that no further enlargement of time would be granted; (2) among other things, denied the branch of appellant Manko's motion which was to enlarge the time to perfect the appeal, granted the branch of respondent's motion which was to dismiss the appeal and dismissed the appeal for failure to timely perfect; and (3) denied that branch of appellant Manko's motion which was for leave to appeal to the Court of Appeals, and otherwise denied her motion.

MORRIS (SHANE), PEOPLE v (120 AD3d 835):
2nd Dept. App. Div. order of 8/27/14; reversal; leave to appeal granted by Graffeo, J., 11/25/14; Rule 500.11 review pending; CRIMES - JURORS - NOTICE TO COUNSEL OF SUBSTANTIVE JUROR INQUIRY LETTER - MODE OF PROCEEDINGS ERROR - WITHOUT DEFENSE COUNSEL'S OBJECTION TO THE COURT'S PROCEDURES OR RESPONSES, TRIAL JUDGE READ NOTES FROM JURY FOR THE FIRST TIME IN PRESENCE OF COUNSEL AND DEFENDANT, AND RESPONDED TO JURY WITHOUT INPUT FROM COUNSEL; Supreme Court, Queens County, convicted defendant of assault in the first degree and two counts of criminal possession of a weapon in the second degree, upon a jury verdict, and imposed sentence; App. Div. reversed and ordered a new trial.

PEGASUS AVIATION I, INC. v VARIG LOGISTICA S.A. (118 AD3d 428):
1st Dept. App. Div. order of 6/5/14; reversal; leave to appeal granted by App. Div., 11/18/14; EVIDENCE - LOSS OR DESTRUCTION OF EVIDENCE - RELEVANCE OF SPOLIATED DOCUMENTS - WHETHER MP DEFENDANTS EXERCISED SUFFICIENT CONTROL OVER DEFENDANT VARIG LOGISTICA TO RENDER THE MP DEFENDANTS LIABLE FOR SANCTIONS FOR EVIDENCE SPOLIATION BASED ON VARIG LOGISTICA'S LOSS OF ITS ELECTRONICALLY STORED INFORMATION; Supreme Court, New York County, among other things, granted plaintiffs' motion for a trial adverse inference instruction against MatlinPatterson Global Advisors, LLC, et al. (MP defendants) as a sanction for spoliation of electronic evidence; App. Div. reversed and denied plaintiffs' motion.

PREYER, MATTER OF (DISCHE—COMMISSIONER OF LABOR) (121 AD3d 1216):
3rd Dept. App. Div. order of 10/16/14 affirmance; sua sponte examination of 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; UNEMPLOYMENT INSURANCE - CONTRIBUTIONS - TIMELINESS OF REQUEST FOR HEARING - EMPLOYER'S FAILURE TO HAVE MAIL FORWARDED PROPERLY - WHETHER THE DEPARTMENT OF LABOR VIOLATED EMPLOYER'S DUE PROCESS RIGHTS BY ISSUING UNEMPLOYMENT INSURANCE BENEFITS AWARD BASED SOLELY ON CLAIMANT'S SUBMISSIONS OR BY MAILING ITS DETERMINATION TO EMPLOYER'S OUT-OF-STATE ADDRESS RATHER THAN IN-STATE ADDRESS; App. Div. affirmed two 10/19/12 decisions of Unemployment Insurance Appeal Board, which ruled that employer Dische's request for a hearing was untimely.

RUTLEDGE (MICHAEL), PEOPLE v (116 AD3d 645):
1st Dept. App. Div. order of 4/29/14; affirmance; leave to appeal granted by Lippman, Ch.J., 12/4/14; Rule 500.11 review pending; CRIMES - CONFESSION - VALIDITY OF DEFENDANT'S WAIVER OF MIRANDA RIGHTS - WHETHER STATEMENTS MADE TO POLICE SHOULD HAVE BEEN SUPPRESSED WHERE, PRIOR TO GIVING THE MIRANDA WARNINGS TO DEFENDANT, A DETECTIVE TOLD DEFENDANT, AMONG OTHER THINGS, THAT HE NEEDED TO TALK TO THE INTERROGATORS, THAT IT WAS IN HIS BEST INTEREST TO TELL THE INTERROGATORS HIS SIDE OF THE STORY, THAT THE EVIDENCE AGAINST HIM WAS STRONG, AND THAT THE PROSECUTOR WOULD HELP HIM IF HE COOPERATED; Supreme Court, New York County, convicted defendant of manslaughter in the first degree, and sentencing him, as a second felony offender, to a term of 17 years; App. Div. affirmed.

SOTO (VICTOR), PEOPLE v (113 AD3d 153):
1st Dept. App. Div. order of 12/10/13; reversal; leave to appeal granted by Clark, J., 2/11/14; CRIMES - EVIDENCE - DECLARATION AGAINST INTEREST - WHETHER A STATEMENT IN WHICH AN INDIVIDUAL ADMITS TO CONDUCT CONSTITUTING AN OFFENSE IS A STATEMENT AGAINST PENAL INTEREST, WHERE THE DECLARANT BELIEVES THAT THE CONDUCT MAY BE ILLEGAL BUT DOES NOT KNOW WHETHER IT IS ILLEGAL; Supreme Court, Bronx County, convicted defendant, upon a jury verdict, of aggravated driving while intoxicated and driving while intoxicated, and sentenced him to concurrent terms of three years' probation and a $1,000 fine; App. Div. reversed and remanded matter for a new trial.

SYDORIAK (TYSON), PEOPLE v (120 AD3d 840):
2nd Dept. App. Div. order of 8/27/14; reversal; leave to appeal granted by Graffeo, J., 11/25/14; Rule 500.11 review pending; CRIMES - JURORS - NOTICE TO COUNSEL OF SUBSTANTIVE JUROR INQUIRY LETTER - MODE OF PROCEEDINGS ERROR - WITHOUT DEFENSE COUNSEL'S OBJECTION TO THE COURT'S PROCEDURES OR RESPONSES, TRIAL JUDGE READ NOTES TO JURY FOR THE FIRST TIME IN PRESENCE OF COUNSEL AND DEFENDANT, AND RESPONDED TO JURY WITHOUT FIRST GETTING INPUT FROM COUNSEL; Supreme Court, Queens County, convicted defendant of attempted murder in the second degree, upon his guilty plea, and two counts of attempted robbery in the first degree, attempted robbery in the second degree, criminal possession of a weapon in the second degree, attempted criminal possession of a controlled substance in the second degree, and attempted criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence; App. Div. reversed and ordered a new trial.

WALLACE (BOBBY), PEOPLE v (113 AD3d 413):
1st Dept. App. Div. order of 1/7/14; affirmance; leave to appeal granted by Lippman, Ch.J., 11/25/14; CRIMES - SUPPRESSION HEARING - STATEMENTS MADE BY DEFENDANT TO POLICE PRIOR TO HIS ARREST - WHETHER DEFENDANT WAS "IN CUSTODY" FOR PURPOSES OF THE RULE SET FORTH IN MIRANDA v ARIZONA - WHETHER THE "PUBLIC SAFETY" EXCEPTION TO THE MIRANDA RULE APPLIES IN THIS CASE WHERE THE OFFICERS WERE NOT CONCERNED FOR THEIR SAFETY AND THE "WEAPON" AT ISSUE WAS NOT AN INHERENTLY DANGEROUS ITEM LIKE A GUN OR KNIFE; Supreme Court, New York County, convicted defendant, upon a jury verdict, of assault in the second degree as a hate crime, and sentenced him to a term of 3 1/2 years; App. Div. affirmed.

MATTER OF YOGA VIDA NYC, INC. v COMMISSIONER OF LABOR (119 AD3d 1314):
3rd Dept. App. Div. order of 7/31/14; affirmance; leave to appeal granted by Court of Appeals, 11/20/14; UNEMPLOYMENT INSURANCE - EMPLOYEE OR INDEPENDENT CONTRACTOR - SUFFICIENT CONTROL OVER INSTRUCTORS TO CREATE EMPLOYMENT RELATIONSHIP - WHETHER SUBSTANTIAL EVIDENCE SUPPORTS THE BOARD'S DETERMINATION THAT NON-STAFF INSTRUCTORS, WHO TAUGHT YOGA CLASSES AT BOTH YOGA VIDA AND OTHER VARIOUS LOCATIONS, WERE IN FACT YOGA VIDA'S EMPLOYEES RATHER THAN INDEPENDENT CONTRACTORS, THUS REQUIRING YOGA VIDA TO MAKE ADDITIONAL UNEMPLOYMENT INSURANCE CONTRIBUTIONS; App. Div. affirmed 6/19/13 decision of Unemployment Insurance Appeal Board, which assessed Yoga Vida for additional unemployment insurance contributions.

For December 12, 2014 through December 18, 2014, the following preliminary appeal statements were filed:

CUSIMANO v SCHNURR (120 AD3d 142):
1st Dept. App. Div. order of 8/7/14; reversal; leave to appeal granted by Court of Appeals, 11/24/14; ARBITRATION - FEDERAL ARBITRATION ACT (FAA) - AGREEMENTS INVOLVING INTERSTATE COMMERCE - COMMERCIAL REAL ESTATE - WHETHER THE APPELLATE DIVISION ERRED IN CONCLUDING THAT THE FAA APPLIED TO THE CONTRACTS AT ISSUE BY LOOKING BEYOND THE FOUR CORNERS OF THE AGREEMENTS AND CONSIDERING TRANSACTIONS THAT OCCURRED AFTER THE AGREEMENTS WERE EXECUTED; WAIVER OF RIGHT TO ARBITRATE - WHETHER PLAINTIFFS WAIVED THEIR RIGHT TO ARBITRATION BY FILING AN ACTION IN COURT AND PARTICIPATING IN LITIGATION BEFORE FILING FOR ARBITRATION - LACK OF PREJUDICE TO DEFENDANTS; Supreme Court, New York County, granted defendants' cross motion and intervenors' motions to stay arbitration to the extent of staying the arbitration of all claims against defendant Schnurr on statute of limitations grounds and staying the arbitration of certain claims against intervenors and the remaining defendants on statute of limitations grounds, and granted plaintiffs' motion to stay the action to the extent of directing the parties to arbitrate the non-time-barred claims; App. Div. reversed, denied defendants' cross motion and intervenors' motions, granted plaintiffs' motion, and stayed the action pending the arbitration.

NEW YORK CITY ASBESTOS LITIGATION, MATTER OF (121 AD3d 230):
1st Dept. App. Div. order of 7/3/14; affirmance with a two-Justice dissent; leave to appeal granted by App. Div., 12/9/14; ACTIONS - CONSOLIDATION AND SEVERANCE - ASBESTOS LITIGATION - WHETHER THE TRIAL COURT PROPERLY CONSOLIDATED THIS CASE WITH DUMMITT v A.W. CHESTERTON - SIMILARITIES OF CONSOLIDATED CASES - THEORIES OF LIABILITY - DISJOINTED NATURE OF TRIAL; LABOR - SAFE PLACE TO WORK - EXPOSURE TO TOXIC SUBSTANCES - ASBESTOS DUST - APPORTIONMENT OF LIABILITY BETWEEN GENERAL CONTRACTOR AND MANUFACTURER - WHETHER JURY COULD ALLOCATE MORE FAULT TO GENERAL CONTRACTOR; RECKLESSNESS - WHETHER IT WAS RATIONAL FOR THE JURY TO CONCLUDE THAT GENERAL CONTRACTOR ACTED RECKLESSLY; DAMAGES - CHALLENGE TO DAMAGES AWARD AS UNPRECEDENTED; Supreme Court, New York County, after a jury trial, awarded plaintiff Ruby E. Konstantin damages in the sum of $7,195,713.91; App. Div. affirmed.

RICHARDS, PEOPLE ex rel. v NEW YORK STATE DIVISION OF PAROLE:
4th Dept. App. Div. order of 11/13/14 by Justice Edward D. Carni; writ of habeas corpus; sua sponte examination of whether any jurisdictional basis exists for the appeal taken as of right from an order issued by a single Justice of the Appellate Division and whether a substantial constitutional question is directly involved to support an appeal as of right; HABEAS CORPUS - AVAILABILITY OF RELIEF; CLAIMED VIOLATION OF CONSTITUTIONAL RIGHTS; Justice Carni granted poor person relief and dismissed the petition for a writ of habeas corpus.