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For February 1, 2013 through February 7, 2013, the following preliminary appeal statements were filed:

MORRIS v PAVARINI CONSTRUCTION (98 AD3d 841):
1st Dept. App. Div. order of 9/4/12; reversal; leave to appeal granted by App. Div., 1/8/13; Rule 500.11 review pending; LABOR - SAFE PLACE TO WORK - WHETHER A LABOR LAW § 241(6) CLAIM, PREDICATED ON A 12 NYCRR § 23-2.2(a) VIOLATION, LIES WHERE PLAINTIFF'S INJURY IS CAUSED BY A FALLING COMPONENT OF A "FORM" (MOLD) USED IN THE FABRICATION OF CONCRETE WALLS; Supreme Court, Bronx County, upon remittal by Court of Appeals, granted defendants' motion for summary judgment dismissing plaintiff's Labor Law § 241(6) claim; App. Div. reversed, and upon searching the record, granted summary judgment to plaintiff.

RODRIGUEZ (JULIO), PEOPLE v (102 AD3d 457):
1st Dept. App. Div. order of 1/10/13; affirmance with dissents; Rule 500.11 review pending; CRIMES - SEX OFFENDERS - SEX OFFENDER REGISTRATION ACT (SORA) - WHETHER TRIAL COURT'S DENIAL OF DEFENDANT'S REQUEST FOR AN ADJOURNMENT VIOLATED DUE PROCESS OR CORRECTION LAW § 168-n (3); Supreme Court, New York County adjudicated defendant a level three sex offender and a sexually violent offender pursuant to SORA (Correction Law art. 6-C); App. Div. affirmed.

SANTER, MATTER OF v BOARD OF EDUCATION OF EAST MEADOW UNION FREE SCHOOL DISTRICT (101 AD3d 1026):
2nd Dept. App. Div. order of 12/19/12; reversal; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; SCHOOLS - TEACHERS - DISCIPLINARY MEASURES - EXERCISE OF FIRST AMENDMENT RIGHTS - MEMBER OF TEACHERS' UNION WHO LEGALLY PARKED HIS CAR IN FRONT OF SCHOOL WHILE PICKETING BECAUSE OF STALLED NEGOTIATIONS ON A NEW COLLECTIVE BARGAINING AGREEMENT DISCIPLINED FOR CREATING A HEALTH AND SAFETY RISK INSOFAR AS HIS CAR WAS PARKED IN A LOCATION WHERE PARENTS WOULD DROP OFF THEIR CHILDREN FOR SCHOOL, RESULTING IN SOME STUDENTS BEING DROPPED OFF IN THE STREET AND HAVING TO CROSS TRAFFIC LANES TO ENTER THE SCHOOL; Supreme Court, Nassau County, in a proceeding pursuant to CPLR article 75, denied the petition to vacate an arbitration award sustaining a charge of misconduct against petitioner and imposing a fine against petitioner in the sum of $500; App. Div. reversed, granted the petition and vacated the arbitration award.

WESTERN EXPRESS INTERNATIONAL, INC., PEOPLE v (85 AD3d 1):
1st Dept. App. Div. order of 4/19/11, reversed by Court of Appeals 10/18/12; sua sponte examination whether the terms of the Court's remittitur are being violated; APPEAL - ALLEGED VIOLATION OR FLOUTING OF COURT OF APPEALS REMITTITUR; Supreme Court, New York County granted appellants' respective motions to dismiss the enterprise corruption count of the indictment and denied the motions to dismiss the remaining counts of the indictment; App. Div. reversed and reinstated the enterprise corruption count; Court of Appeals reversed and reinstated the Supreme Court orders dismissing the enterprise corruption count of the indictment as against appellants.

For February 8, 2013 through February 14, 2013, the following preliminary appeal statements were filed:

BRANDES, MATTER OF (2012 NY Slip Op 93875[U]):
2nd Dept. App. Div. order 12/17/12; denial of motions; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right and whether a jurisdictional basis exists for an appeal as of right pursuant to Judiciary Law § 90(8); ATTORNEY AND CLIENT - DISCIPLINARY PROCEEDING - DISBARMENT - WHETHER APPELLATE DIVISION ABUSED ITS DISCRETION IN DENYING ATTORNEY'S MOTIONS FOR REINSTATEMENT; App. Div. denied attorney's motions for reinstatement.

ELMER (CAROL), PEOPLE v (98 AD3d 810):
3rd Dept. App. Div. order of 8/23/12; dismissal; leave to appeal granted by Graffeo, J., 1/29/13; APPEAL - WHETHER TIME TO APPEAL FROM AN ORAL ORDER DISMISSING CERTAIN COUNTS OF AN INDICTMENT BEGINS TO RUN ON THE DATE OF THE ORAL ORDER OR AFTER SERVICE OF A COPY OF THE ORAL ORDER; County Court, St. Lawrence County partially granted defendant's motion to dismiss the indictment; App. Div. dismissed the People's appeal as untimely taken.

GAIED, MATTER OF v NEW YORK STATE TAX APPEALS TRIBUNAL (101 AD3d 1492):
3rd Dept. App. Div. judgment of 12/27/12; confirmation of determination, with dissents; Rule 500.11 review pending; TAXATION - PERSONAL INCOME TAX - MAINTENANCE OF PERMANENT PLACE OF ABODE - SUBSTANTIAL EVIDENCE; App. Div. confirmed the determination of respondent Tax Appeals Tribunal, which sustained a deficiency of personal income tax imposed under Tax Law article 22, and dismissed the petition.

JOHNSON (TODD), PEOPLE v (99 AD3d 472):
1st Dept. App. Div. order of 10/9/12; affirmance; leave to appeal granted by Graffeo, J., 2/4/13; CRIMES - ARREST - PROBABLE CAUSE - DISORDERLY CONDUCT COMMITTED IN PRESENCE OF POLICE OFFICER (CPL 140.10[1][a]; PENAL LAW § 240.20[6]) - WHETHER THE APPELLATE DIVISION ERRED AS A MATTER OF LAW IN RULING THAT DEFENDANT'S FAILURE TO OBEY A POLICE OFFICER'S DIRECTION TO MOVE FROM THE STORE FRONT WHERE HE WAS CONGREGATING WITH THREE OTHER MEN PROVIDED PROBABLE CAUSE TO ARREST HIM FOR DISORDERLY CONDUCT, "GIVEN THE INFORMATION THE OFFICER HAD ABOUT ... GANG PROBLEMS THAT HAD OCCURRED AT THAT LOCATION IN THE PAST AND THE GANG BACKGROUND OF SEVERAL OF THE MEN" - INTERPRETATION OF PENAL LAW § 240.20 THAT ALLEGEDLY RENDERS IT UNCONSTITUTIONALLY VAGUE; 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 felony drug offender, to a term of two years; App. Div. affirmed.

KOLBE v TIBBETTS (101 AD3d 1623):
4th Dept. App. Div. order of 12/21/12; reversal with dissents; CIVIL SERVICE - RETIREMENT AND PENSION BENEFITS - HEALTH INSURANCE - WHETHER THE TERMS OF THE RESPECTIVE COLLECTIVE BARGAINING AGREEMENTS IN EFFECT AT THE TIME EACH SCHOOL DISTRICT EMPLOYEE PLAINTIFF RETIRED, PROVIDING THAT THE RETIREE WAS ENTITLED TO SAME HEALTH INSURANCE COVERAGE AS THE BARGAINING UNIT, PREVENTED THE SCHOOL DISTRICT FROM REDUCING BENEFITS PROVIDED TO PLAINTIFFS WHEN BENEFITS FOR REPRESENTED EMPLOYEES WERE REDUCED; Supreme Court, Niagara County granted plaintiffs' motion for summary judgment, denied defendants' cross motion for summary judgment, and declared, among other things, that defendants are obligated to maintain plaintiffs' health insurance coverage equivalent to that in effect at the time each plaintiff retired; App. Div. reversed, denied plaintiffs' motion for summary judgment, vacated the declarations in favor of plaintiffs, granted defendants' cross motion for summary judgment, and declared that defendants are not obligated to maintain health insurance coverage equivalent to that in effect at the time each plaintiff retired.