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For December 6, 2013 through December 12, 2013, the following preliminary appeal statements were filed:

CAPPON, MATTER OF v CARBALLADA (109 AD3d 1115):
4th Dept. App. Div. order of 9/27/13; reversal; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; PROCEEDING AGAINST BODY OR OFFICER - CPLR ARTICLE 78 PROCEEDING TO ANNUL RESPONDENT'S DETERMINATION THAT HE VIOLATED ROCHESTER CITY CODE § 90-16(a)(2)(d) WHICH REQUIRES OWNERS OF RENTAL PROPERTIES TO OBTAIN A VALID CERTIFICATE OF OCCUPANCY (CO) WITHIN A PERIOD OF 90 DAYS PRIOR TO THE EXPIRATION OR TERMINATION OF AN EXISTING CO; Supreme Court, Monroe County granted the petition; App. Div. reversed and dismissed the petition.

GONZALES (JOHN), PEOPLE v (111 AD3d 147):
2nd Dept. App. Div. order of 10/2/13; reversal with dissents; leave to appeal granted by Angiolillo, J., 11/25/13; sua sponte examination whether the App. Div. order of reversal "was on the law alone or upon the law and such facts which, but for the determination of law, would not have led to reversal" (CPL 450.90[2][a]); CRIMES - ARREST - WARRANTLESS ARREST OF DEFENDANT WHO OPENED HIS APARTMENT DOOR TO SEE WHO WAS KNOCKING AND TRIED TO CLOSE IT WHEN HE SAW IT WAS THE POLICE; Supreme Court, Queens County, convicted defendant, upon a jury verdict, of sexual abuse in the first degree, and imposed sentence; App. Div. reversed, granted that branch of defendant's omnibus motion which was to suppress his statements to law enforcement officials, and ordered a new trial.

HEMPHILL v STATE OF NEW YORK:
Court of Claims judgment of 10/25/13; dismissal; sua sponte examination whether there is a basis for a direct appeal pursuant to CPLR 5601(b)(2); STATE - CLAIM AGAINST STATE - ACTION TO RECOVER DAMAGES FOR WRONGFUL CONFINEMENT AND INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS ARISING FROM CLAIMANT'S ALLEGED 14-DAY CONFINEMENT TO HIS PRISON CELL PENDING DISPOSITION OF CERTAIN DISCIPLINARY CHARGES; PRISONS AND PRISONERS; Court of Claims dismissed the claim.

For December 13, 2013 through December 19, 2013, the following preliminary appeal statements were filed:

CANGRO v ROSADO (111 AD3d 422):
1st Dept. App. Div. order of 11/7/13; dismissal of appeal; sua sponte examination 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 - CHALLENGE TO APPELLATE DIVISION ORDER THAT, AMONG OTHER THINGS, DISMISSED PLAINTIFF'S APPEAL FROM A SUPREME COURT ORDER DENYING REARGUMENT; Supreme Court, New York County, denied plaintiff's motion for reargument of the parties' respective motions for summary judgment; App. Div. dismissed the appeal and enjoined plaintiff from commencing any litigation or making any motions against defendant without the prior permission of the appropriate administrative judge.

GOLDMAN (ARON), PEOPLE v (110 AD3d 216):
1st Dept. App. Div. order of 9/24/13; affirmance; leave to appeal granted by Graffeo, J., 12/9/13; CRIMES - ENTERPRISE CORRUPTION - MEDICAL CLINIC USED TO FACILITATE INSURANCE FRAUD - LEGAL SUFFICIENCY OF THE EVIDENCE - WHETHER THE "CRIMINAL ENTERPRISE" DEFINED IN PENAL LAW § 460.10(3) MUST BE STRUCTURED SO AS TO PERMIT THE ENTERPRISE TO CONTINUE IN EXISTENCE WITHOUT THE INVOLVEMENT OF ONE OR MORE KEY PARTICIPANTS; INSTRUCTIONS - ACCESSORIAL LIABILITY - WHETHER THE TRIAL COURT'S JURY INSTRUCTIONS ON ACCESSORIAL LIABILITY CONVEYED THE APPROPRIATE LEGAL STANDARD; RIGHT TO COUNSEL - ALLEGED INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL FOR FAILING TO PRESERVE CERTAIN ISSUES FOR APPELLATE REVIEW; Supreme Court, New York County, after a joint jury trial with defendant Matthew Keschner, convicted defendant Goldman of enterprise corruption, scheme to defraud in the first degree, two counts of grand larceny in the first degree, money laundering in the first and second degrees, five counts of insurance fraud in the third degree, three counts of insurance fraud in the fourth degree, and one count of falsifying business records in the first degree, and imposed sentence; App. Div. affirmed.

KESCHNER (MATTHEW), PEOPLE v (110 AD3d 216):
1st Dept. App. Div. order of 9/24/13; affirmance; leave to appeal granted by Graffeo, J., 12/9/13; CRIMES - ENTERPRISE CORRUPTION - MEDICAL CLINIC USED TO FACILITATE INSURANCE FRAUD - LEGAL SUFFICIENCY OF THE EVIDENCE - WHETHER THE "CRIMINAL ENTERPRISE" DEFINED IN PENAL LAW § 460.10(3) MUST BE STRUCTURED SO AS TO PERMIT THE ENTERPRISE TO CONTINUE IN EXISTENCE WITHOUT THE INVOLVEMENT OF ONE OR MORE KEY PARTICIPANTS; INSTRUCTIONS - ACCESSORIAL LIABILITY - WHETHER THE TRIAL COURT'S JURY INSTRUCTIONS ON ACCESSORIAL LIABILITY CONVEYED THE APPROPRIATE LEGAL STANDARD; RIGHT TO COUNSEL - ALLEGED INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL FOR FAILING TO PRESERVE CERTAIN ISSUES FOR APPELLATE REVIEW; Supreme Court, New York County, after a joint jury trial with defendant Aron Goldman, convicted defendant Keschner of enterprise corruption, scheme to defraud in the first degree, two counts of grand larceny in the first degree, money laundering in the second degree, four counts of insurance fraud in the fourth degree, and two counts of falsifying business records in the first degree, and imposed sentence; App. Div. affirmed.

For December 20, 2013 through December 26, 2013, the following preliminary appeal statements were filed:

BECKER, MATTER OF v COMMISSIONER OF LABOR (2013 NY Slip Op 87327[U]):
3rd Dept. App. Div. order of 10/4/13; denial of motion; sua sponte examination whether the order appealed from finally determines the proceeding within the meaning of the Constitution and whether any jurisdictional basis exists to support an appeal as of right; APPEAL - APPELLATE DIVISION - DENIAL OF MOTION FOR RECONSIDERATION; App. Div. denied motion for reconsideration.

CONASON v MEGAN HOLDING, LLC (109 AD3d 724):
1st Dept. App. Div. order of 9/24/13; affirmance; leave to appeal granted by App. Div., 12/12/13; LIMITATION OF ACTIONS - FOUR-YEAR STATUTE OF LIMITATIONS (CPLR 213-a) - RENT OVERCHARGE - WHETHER APPELLATE DIVISION ERRED IN RULING THAT THE STATUTE OF LIMITATIONS IS NOT A BAR WHERE SIGNIFICANT EVIDENCE OF FRAUD EXISTS ON THE RECORD; ESTOPPEL - COLLATERAL ESTOPPEL - WHETHER SUPREME COURT CORRECTLY DETERMINED THAT DEFENDANTS WERE COLLATERALLY ESTOPPED FROM ARGUING THAT FRAUD DID NOT EXIST; CORPORATIONS - DISREGARDING CORPORATE ENTITY - WHETHER SUPREME COURT ERRED IN PIERCING THE CORPORATE VEIL; Supreme Court, New York County, among other things, granted plaintiff's motion for summary judgment on liability and denied defendant's motion for summary judgment dismissing the complaint; App. Div. affirmed.

CURTIS-SHANLEY v BANK OF AMERICA (109 AD3d 634; 2013 NY Slip Op 89548[U]):
2nd Dept. App. Div. orders of 10/25/13 and 8/28/13; denial of motion for, among other things, leave to appeal to Court of Appeals (10/25/13 order) and affirmance (8/28/13 order); sua sponte examination whether the orders appealed from finally determine the proceeding within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; BANKS AND BANKING - ACTION SEEKING DAMAGES FOR BANK'S REFUSAL TO APPROVE APPLICATION FOR LETTER OF CREDIT; SUMMARY JUDGMENT; ALLEGED DUE PROCESS VIOLATIONS IN APPELLATE PROCESS; Supreme Court, Westchester County, denied plaintiff's motion to compel defendant to execute a certificate of readiness for trial and, in a separate order, granted defendant's motion for summary judgment dismissing the complaint; App. Div. affirmed and thereafter denied plaintiff's motion for reargument or for leave to appeal to the Court of Appeals.

DUBARRY (DARIUS), PEOPLE v (107 AD3d 822):
2nd Dept. App. Div. order of 6/12/13; affirmance; leave to appeal granted by Lippman, Ch. J., 12/11/13; CRIMES - MURDER - DEPRAVED INDIFFERENCE MURDER - JUSTIFICATION DEFENSE - SUBMISSION OF INTENTIONAL MURDER AND DEPRAVED INDIFFERENCE MURDER COUNTS TO THE JURY IN THE CONJUNCTIVE, RATHER THAN IN THE ALTERNATIVE; WITNESSES - UNAVAILABILITY OF WITNESS - WHETHER THE PEOPLE ESTABLISHED BY CLEAR AND CONVINCING EVIDENCE THAT DEFENDANT'S MISCONDUCT PROCURED WITNESS'S UNAVAILABILITY; Supreme Court, Kings County, convicted defendant, upon a jury verdict, of two counts of murder in the second degree, attempted murder in the second degree and criminal possession of a weapon in the second degree, and imposed sentence; App. Div. affirmed.

GUILLORY, MATTER OF v FISCHER (110 AD3d 1426):
3rd Dept. App. Div. order of 10/31/13; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; PRISONS AND PRISONERS - DISCIPLINE OF INMATE - SMUGGLING AND POSSESSION OF AN ARTICLE THE USE OR POSSESSION OF WHICH IS PROHIBITED - TOBACCO; Supreme Court, Chemung County, dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules; App. Div. affirmed.

MORGAN, MATTER OF (ROCHESTER—PACHECO) (2013 NY Slip Op 92473[U]):
1st Dept. App. Div. order of 11/26/13; denial of motion; sua sponte examination whether the order appealed from finally determines the proceeding within the meaning of the Constitution; APPEAL - APPELLATE DIVISION - DENIAL OF MOTION FOR POOR PERSON AND OTHER RELIEF; App. Div. denied appellant Veronica Pacheco's motion for, among other things, leave to prosecute the appeal as a poor person, leave to have the appeal heard on the original record and upon a reproduced appellant's brief, and removal of the current guardian(s).

SHIPLEY v CITY OF NEW YORK (105 AD3d 936):
2nd Dept. App. Div. order of 4/17/13; reversal; leave to appeal granted by Court of Appeals, 12/12/13; DEAD BODIES - RIGHT OF SEPULCHER - RELEASE OF DECEDENT'S BODY BY MEDICAL EXAMINER'S OFFICE WITHOUT NOTIFICATION TO NEXT OF KIN THAT DECEDENT'S BRAIN HAD BEEN REMOVED AND RETAINED FOR FURTHER EXAMINATION; Supreme Court, Richmond County, denied defendants' motion for summary judgment dismissing the complaint; App. Div. modified by granting that branch of defendants' motion which was for summary judgment dismissing so much of the first cause of action as was to recover damages for unauthorized withholding, mutilation, and display of their son's body parts at the Medical Examiner's Office; Supreme Court awarded $1 million in damages to plaintiffs; App. Div. reversed and remitted for a new trial on damages, unless plaintiffs served and filed a stipulation consenting to reduce the amount of damages from $1 million to $600,000 and to entry of an amended judgment reflecting such stipulation, and, in the event that plaintiffs' so stipulate, affirmed the judgment as so reduced and amended; Supreme Court, in a second amended judgment, awarded plaintiffs damages of $600,000.

STATE OF NEW YORK, MATTER OF v CHARADA T. (107 AD3d 528):
1st Dept. App. Div. order of 6/18/13; affirmance; leave to appeal granted by Court of Appeals, 12/10/13; CRIMES - SEX OFFENDERS - CIVIL COMMITMENT OR SUPERVISION - WHETHER SUPREME COURT ERRED IN ADMITTING TESTIMONY REGARDING AN UNCHARGED SEXUAL ASSAULT - EXPERT WITNESS TESTIMONY ABOUT AND RELIANCE UPON HEARSAY EVIDENCE; Supreme Court, New York County, upon a jury finding of mental abnormality, and upon a finding made after a dispositional hearing that respondent is a dangerous sex offender requiring confinement, committed him to a secure treatment facility; App. Div. affirmed.

STERNE, MATTER OF v COMMISSIONER OF LABOR (104 AD3d 984):
3rd Dept. App. Div. order of 3/7/13; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; UNEMPLOYMENT INSURANCE - BENEFITS - RECOVERY OF OVERPAYMENTS - WILLFUL MISREPRESENTATIONS; App. Div. affirmed a decision of the Unemployment Insurance Appeal Board which, among other things, ruled that claimant made willful misrepresentations to obtain benefits.