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For February 3, 2012 through February 9, 2012, the following preliminary appeal statements were filed:

CALDWELL v CABLEVISION SYSTEMS CORPORATION (86 AD3d 46):
2nd Dept. App. Div. order of 5/31/11; affirmance; leave to appeal granted by Court of Appeals, 1/17/12; WITNESSES - FEES - FACT WITNESS - PAYMENTS IN EXCESS OF STATUTORY RATE OF $15 PER DAY - PAYMENT OF $10,000 FEE TO ORTHOPEDIC SURGEON WHO TESTIFIED AS A FACT WITNESS FOR DEFENDANT - WHETHER SUCH PAYMENT REQUIRED THE WITNESS'S TESTIMONY TO BE STRICKEN - WHETHER THE APPELLATE DIVISION ERRED IN CONCLUDING THAT THE TRIAL COURT'S ERROR IN FAILING TO GIVE JURY SPECIFIC INSTRUCTION REGARDING FACT-WITNESS COMPENSATION WAS HARMLESS; Supreme Court, Westchester County amended its judgment dated 5/18/09 and entered 5/19/09, dismissing the complaint as against defendant Communications Specialists, Inc.; App. Div. affirmed.

CERVERA v BRESSLER (90 AD3d 803):
2nd Dept. App. Div. order of 12/20/11; affirmance; 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; PARENT AND CHILD - CUSTODY - MODIFICATION OF CUSTODY - CLAIMED DUE PROCESS VIOLATIONS; Supreme Court, Westchester County, among other things, granted that branch of the defendant mother's motion which was to modify a so-ordered stipulation dated 9/25/03, so as to award her sole legal and physical custody of the parties' child, directed that the plaintiff father and the child initially attend reunification therapy and, thereafter, supervised visitation with a therapist for a period of three months, and denied that branch of father's motion which was to suspend his future child support payments; App. Div. affirmed.

DIAZ (RANDOLFO), PEOPLE v (85 AD3d 1047):
2nd Dept. App. Div. order of 6/21/11; reversal; leave to appeal granted by Pigott, J., 1/19/12; CRIMES - WITNESSES - EXPERT WITNESS - IMPROPER BOLSTERING - WHETHER THE TRIAL COURT ERRED IN PERMITTING THE PEOPLE'S EXPERT TO DESCRIBE HOW A SEX OFFENDER "GROOMS" A CHILD VICTIM; EVIDENCE - PRIOR FALSE ALLEGATIONS OF RAPE OR SEXUAL ABUSE - WHETHER THE TRIAL COURT PROPERLY PRECLUDED DEFENSE WITNESS FROM TESTIFYING THAT THE COMPLAINANT HAD MADE A FALSE ALLEGATION OF SEXUAL ABUSE AGAINST HIM APPROXIMATELY SIX YEARS EARLIER; Supreme Court, Kings County convicted defendant of a course of sexual conduct against a child in the second degree and endangering the welfare of a child, upon a jury verdict, and imposed sentence; App. Div. reversed the judgment of conviction and remitted the matter to Supreme Court for a new trial.

DZIELSKI v ESSEX INSURANCE COMPANY (90 AD3d 1493):
4th Dept. App. Div. order of 12/23/11; modification; Rule 500.11 review pending; INSURANCE - EXCLUSIONS - "STAGE HAND" EXCLUSION IN "RESTAURANT, BAR, TAVERN, NIGHT CLUBS, FRATERNAL AND SOCIAL CLUBS ENDORSEMENT" - APPLICABILITY OF EXCLUSION TO PERSON INJURED BY FALL FROM ALLEGEDLY DEFECTIVE LOADING DOCK WHILE REMOVING EQUIPMENT HE PROVIDED FOR BAND THAT PERFORMED AT INSURED'S NIGHTCLUB; Supreme Court, Erie County awarded plaintiffs $950,000 against defendant Essex Insurance Company; App. Div. modified by reducing the award of $950,000 to $499,500, plus interest.

H. H. WARNER, LLC, MATTER OF v ROCHESTER GENESEE REGIONAL TRANSPORTATION AUTHORITY (87 AD3d 1388):
4th Dept. App. Div. order of 9/30/11; confirmation of determination; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; EMINENT DOMAIN - JUDICIAL REVIEW; ENVIRONMENTAL CONSERVATION - ENVIRONMENTAL QUALITY REVIEW - CONDEMNATION OF PROPERTY FOR USE AS REGIONAL BUS TRANSIT CENTER; App. Div. confirmed respondent's determination to acquire certain real property by eminent domain, and dismissed the petition.

PAPPAS v TZOLIS (87 AD3d 889):
1st Dept. App. Div. order of 9/15/11; modification with dissents; leave to appeal granted by App. Div., 1/19/12; LIMITED LIABILITY COMPANIES (LLC) - MEMBERS AND MANAGERS - CLAIMS BY TWO MEMBERS FOR BREACH OF FIDUCIARY DUTY, CONVERSION, FRAUD AND UNJUST ENRICHMENT AGAINST THIRD MEMBER WHO BOUGHT OUT THEIR INTERESTS IN COMPANY FOR $1.5 MILLION WITHOUT DISCLOSING HIS ONGOING NEGOTIATIONS WITH PARTY WHO LATER PURCHASED COMPANY'S SOLE ASSET FOR $17.5 MILLION - EFFECT OF CERTIFICATE STATING THAT IN ASSIGNING THEIR INTERESTS IN THE COMPANY TO THE THIRD MEMBER, THE TWO MEMBERS PERFORMED THEIR OWN DUE DILIGENCE, WERE NOT RELYING ON ANY REPRESENTATIONS BY THIRD MEMBER NOT CONTAINED IN CERTAIN DESIGNATED DOCUMENTS, AND THAT THIRD MEMBER OWED THEM NO FIDUCIARY DUTIES - EFFECT OF PROVISION IN OPERATING AGREEMENT PERMITTING MEMBERS TO ENGAGE IN BUSINESS VENTURES OF ANY NATURE WITHOUT OBLIGATION OF ANY KIND TO THE COMPANY OR OTHER MEMBERS; Supreme Court, New York County, insofar as appealed from as limited by the briefs, granted defendant Tzolis's motion to dismiss the first, second, third, fourth, fifth, ninth, tenth and eleventh causes of action pursuant to CPLR 3211(a)(1) and (7); App. Div. modified to deny the motion to dismiss as to the first, fourth, fifth and tenth causes of action.

STRUNK v PATERSON:
Supreme Court, Kings County, order of 11/22/11; denial of motion; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution, and whether any basis exists for a direct appeal pursuant to CPLR 5601(b)(2); MOTIONS AND ORDERS - DENIAL OF MOTION TO INTERVENE; Supreme Court denied proposed intervenor's motion to intervene.

For February 10, 2012 through February 16, 2012, the following preliminary appeal statements were filed:

BRIDGET Y., MATTER OF (2011 NY Slip Op 09687):
4th Dept. App. Div. orders of 12/30/11; affirmances; sua sponte examination whether the App. Div. order that affirms the corrected order of the Family Court, Chautauqua County, entered 8/12/10, finally determines the proceedings within the meaning of the Constitution and whether the two-justice dissent at the App. Div. is on a question of law; PARENT AND CHILD - CHILD CUSTODY - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT - TEMPORARY EMERGENCY JURISDICTION; DENIAL OF MOTION TO VACATE ORDER OF FACT-FINDING AND DISPOSITION; Family Court, Chautauqua County, among other things, determined the subject children to be neglected and thereafter dismissed the motion by Rita S. and Kenneth Y. to vacate the order of fact-finding and disposition; App. Div. affirmed both orders.

GURYEV v TOMCHINSKY (87 AD3d 612):
2nd Dept. App. Div. order of 8/16/11; reversal in part and affirmance in part; leave to appeal granted by Court of Appeals, 12/15/11; LABOR - SAFE PLACE TO WORK - SUPERVISION OR CONTROL OF WORK - WHETHER THE APPELLATE DIVISION ERRED IN DETERMINING AS A MATTER OF LAW THAT CERTAIN DEFENDANTS WERE NOT OWNERS OR THE AGENTS OF OWNER ON THE PROJECT AND DID NOT CONTROL OR SUPERVISE THE WORK; INDUSTRIAL CODE VIOLATION - FURNISHING OF EYE PROTECTION EQUIPMENT - PLAINTIFF'S ENTITLEMENT TO SUMMARY JUDGMENT ON LIABILITY; Supreme Court, Kings County denied the cross motions by defendants 200 Riverside Boulevard at Trump Place, Board of Managers of 200 Riverside Boulevard at Trump Place, and The Trump Corporation (the Trump defendants) for summary judgment dismissing the complaint and all cross claims insofar as asserted against them; and denied plaintiff's cross motion for summary judgment on the issue of liability on the Labor Law § 241(6) cause of action; App. Div. (1) reversed the order insofar as cross-appealed from by the Trump defendants and granted the Trump defendants' cross motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them; and (2) affirmed the order insofar as appealed from by plaintiff.

JORDAN (OSWALD), MATTER OF (89 AD3d 1085):
2nd Dept. App. Div. order of 11/29/11; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; EXECUTORS AND ADMINISTRATORS - LETTERS OF ADMINISTRATION - CHALLENGE TO APPELLATE DIVISION ORDER AFFIRMING DECREE THAT, AMONG OTHER THINGS, GRANTED CROSS PETITION FOR ISSUANCE OF PERMANENT LETTERS OF ADMINISTRATION TO A PERSON, AS THE DECEDENT'S SURVIVING SPOUSE; Surrogate's Court, Kings County, ordered and decreed that letters of administration be issued to Lenna Susannah Jordan; App. Div. affirmed.

LINEBERGER, MATTER OF v BEZIO (89 AD3d 1293):
3rd Dept. App. Div. judgment of 11/17/11; confirmation of determination; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; PRISONS AND PRISONERS - DISCIPLINE OF INMATES - WHETHER SUBSTANTIAL EVIDENCE SUPPORTS THE DETERMINATION OF GUILT WITH RESPECT TO CHARGES ARISING FROM PETITIONER'S PHYSICAL ALTERCATION WITH ANOTHER INMATE; App. Div. confirmed determination of Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules, and dismissed the petition.

MARINACCIO v TOWN OF CLARENCE (90 AD3d 1599):
4th Dept. App. Div. order of 12/30/11; affirmance with dissents; sua sponte examination whether the two-justice dissent at the App. Div. is on a question of law; DAMAGES - PUNITIVE DAMAGES - ACTION FOR TRESPASS AND PRIVATE NUISANCE SEEKING DAMAGES FOR FLOODING ON PLAINTIFF'S PROPERTY CAUSED BY ALLEGEDLY INTENTIONAL FLOW OF WATER FROM A SUBDIVISION DEVELOPED BY DEFENDANT BUILDER - WHETHER PUNITIVE DAMAGES AWARD IS SUPPORTED BY SUFFICIENT EVIDENCE; EASEMENT; PRECLUSION OF DEFENDANT'S DAMAGES EXPERT; JURY INSTRUCTIONS; Supreme Court, Erie County, upon a jury verdict, awarded plaintiff money damages against defendant Kieffer Enterprises, Inc.; App. Div. affirmed.

RODRIGUEZ (VINCENT), PEOPLE v (88 AD3d 557):
1st Dept. App. Div. order of 10/20/11; affirmance; leave to appeal granted by Pigott, J., 1/20/12; Rule 500.11 review pending; CRIMES - SENTENCE - RESENTENCE - POSTRELEASE SUPERVISION - EFFECT OF COURT'S FAILURE TO RESENTENCE DEFENDANT TO INCLUDE POSTRELEASE SUPERVISION WITHIN 40-DAY TIME LIMIT CONTAINED IN CORRECTION LAW § 601-d(4)(c) AND (d); Supreme Court, New York County judgment, as amended, resentenced defendant to an aggregate term of 10 years, with 5 years' postrelease supervision; App. Div. affirmed.