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For February 12, 2016 through February 18, 2016, the following preliminary appeal statements were filed:

AUSTIN (PETER), PEOPLE v (134 AD3d 559):
1st Dept. App. Div. order of 12/22/15; affirmance; leave to appeal granted by Gische, J., 2/9/16; CRIMES - INSTRUCTIONS - ADVERSE INFERENCE CHARGE BASED ON LOSS OF BLOOD EVIDENCE AS A RESULT OF A NATURAL CATASTROPHE - WHETHER THE TRIAL COURT ABUSED ITS DISCRETION IN DECLINING DEFENDANT'S REQUEST FOR A PERMISSIVE ADVERSE INFERENCE CHARGE BASED ON THE UNAVAILABILITY OF BLOOD EVIDENCE AND PROHIBITING DEFENSE COUNSEL FROM COMMENTING ON THE LOST EVIDENCE IN SUMMATION; Supreme Court, Bronx County, judgment, as amended May 30, 2013, convicting defendant, after a jury trial, of two counts of burglary in the third degree and one count of criminal mischief in the fourth degree, and sentencing him, as a second felony offender, to an aggregate term of 7 to 14 years; App. Div. affirmed.

CAPERS v PARKSHORE HEALTHCARE, LLC (2014 NY Slip Op 86205[U]):
2nd Dept. App. Div. order of 10/10/14; dismissal of appeal; sua sponte examination whether appellant is an aggrieved party within the meaning of CPLR 5511; whether a substantial constitutional question is directly involved to support an appeal as of right, and whether any grounds exist to support a direct appeal from the March 12, 2010 Supreme Court order; APPEAL - CHALLENGE TO APPELLATE DIVISION ORDER DISMISSING APPEAL FROM SUPREME COURT ORDER ON GROUND THAT NONPARTY APPELLANT WAS NOT AGGRIEVED; CHALLENGE TO SEPARATE SUPREME COURT ORDER DISMISSING ACTION AS AGAINST ONE OF THE TWO DEFENDANTS; Supreme Court, Kings County, dismissed the action as against defendant Ruby West and, in a later order, granted defendant Parkshore Healthcare's motion to dismiss for failure to substitute the necessary party after plaintiff's death and nonparty appellant Lola Capers' refusal to be appointed administrator and to continue the action; App. Div. dismissed the appeal from the latter Supreme Court order on the ground that the pro se nonparty appellant did not oppose the motion which resulted in the order, and therefore was not aggrieved by that order, and denied as academic nonparty appellant's motion for poor person relief.

SMITH (RONI), PEOPLE v (132 AD3d 511):
1st Dept. App. Div. order of 10/15/15; modification; leave to appeal granted by Stein, J., 2/1/16; CRIMES - SENTENCE - SECOND VIOLENT FELONY OFFENDER - RETROACTIVE APPLICATION OF PEOPLE v CATU (4 NY3d 242 [2005]) - WHETHER A CONVICTION BY GUILTY PLEA WAS OBTAINED IN VIOLATION OF DEFENDANT'S RIGHTS UNDER THE FEDERAL CONSTITUTION AND THEREFORE COULD NOT BE COUNTED AS A PREDICATE FELONY (see CPL 400.15[7][b]), WHERE THE DEFENDANT WAS NOT ADVISED AT THE TIME OF THE PLEA THAT THE SENTENCE WOULD INCLUDE POSTRELEASE SUPERVISION AND THE PLEA WAS ACCEPTED BEFORE CATU WAS DECIDED - WHETHER DEFENDANT WAS PRECLUDED FROM RELYING ON CATU CHALLENGE TO INVALIDATE THE USE OF THE PRIOR CONVICTION AS A PREDICATE FELONY; Supreme Court, New York County, resentenced defendant, as a first felony offender, to a term of 7 years, with five years' postrelease supervision; App. Div. modified to the extent of reducing the sentence to a term of 6 years, with 5 years' postrelease supervision, and otherwise affirmed.

For February 19, 2016 through February 25, 2016, the following preliminary appeal statements were filed:

CONNAUGHTON v CHIPOTLE MEXICAN GRILL, INC. (135 AD3d 535):
1st Dept. App. Div. order of 1/19/16; affirmance with a two-Justice dissent; FRAUD - FRAUD IN INDUCEMENT - WHETHER PLAINTIFF, A CHEF WHO ENTERED INTO AN AT-WILL EMPLOYMENT RELATIONSHIP WITH DEFENDANTS, ADEQUATELY ALLEGED A CAUSE OF ACTION FOR FRAUDULENT INDUCEMENT BASED UPON DEFENDANTS' "SUPERIOR KNOWLEDGE" OF PREVIOUS BUSINESS DEALINGS THAT THEY WITHHELD FROM PLAINTIFF TO INDUCE HIM TO ACCEPT THEIR OFFER OF EMPLOYMENT, AND WHETHER HE SUFFICIENTLY ALLEGED DAMAGES; Supreme Court, New York County, granted defendants' motion to dismiss the complaint pursuant to CPLR 3211; App. Div. affirmed.

NASH v THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY (131 AD3d 164):
1st Dept. App. Div. of 7/14/15; reversal; sua sponte examination whether the order appealed from violates the terms of this Court's 11/26/13 remittitur; JUDGMENTS - VACATUR OF JUDGMENT - WHETHER SUPREME COURT ACTED IMPROVIDENTLY IN VACATING PLAINTIFF'S FINAL JUDGMENT IN THE EXERCISE OF ITS DISCRETION; Supreme Court, New York County, upon remittitur from the Court of Appeals, granted defendant's motion to vacate the judgment entered in plaintiff's favor on 1/15/10; App. Div. reversed and denied the motion to vacate the judgment.

XIU JIAN SUN v WUHUA JING (136 AD3d 613):
2nd Dept. App. Div. order of 2/3/16; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; LIMITATION OF ACTIONS - MEDICAL MALPRACTICE - WHETHER THE COMPLAINT WAS PROPERLY DISMISSED AS TIME-BARRED TO THE EXTENT IT ALLEGED CLAIMS FOR MEDICAL MALPRACTICE AND OTHERWISE FOR FAILING TO STATE A CAUSE OF ACTION; Supreme Court, Queens County, granted defendants' respective motions for summary judgment dismissing the complaint against them on various grounds, including as time-barred and for failing to state a cause of action, dismissed the action as against defendant Wuhua Jing, and dismissed the action as against defendant Dustin T. Nguyen; App. Div. affirmed.

For February 26, 2016 through March 3, 2016, the following preliminary appeal statements were filed:

BRANDES, MATTER OF (2015 NY Slip Op 81096[U]):
2nd Dept. App. Div. order of 6/3/15; denial of motion for reinstatement; leave to appeal granted by Court of Appeals, 2/23/16; ATTORNEY AND CLIENT - REINSTATEMENT - WHETHER THE APPELLATE DIVISION, IN DENYING REINSTATEMENT, ERRED IN CONCLUDING THAT DISBARRED ATTORNEY ENGAGED IN THE PRACTICE OF LAW IN VIOLATION OF JUDICIARY LAW § 90(2); CLAIMED CONSTITUTIONAL VIOLATIONS; App. Div. denied Brandes's motion for reinstatement to the Bar as an attorney and counselor-at-law.

RIVERA v DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT OF THE CITY OF NEW YORK (130 AD3d 802):
2nd Dept. App. Div. order of 7/15/15; affirmance; leave to appeal granted by Court of Appeals, 2/18/16; LIENS - MECHANIC'S LIEN - VACATUR OR DISCHARGE - LIEN FOR LIVING EXPENSES OF RELOCATED TENANTS - WHETHER A COURT MAY SUMMARILY DETERMINE IF ASSERTEDLY UNREASONABLE CLAIMED EXPENSES RENDER A LIEN FACIALLY INVALID, OR WHETHER A FORECLOSURE TRIAL IS REQUIRED; Supreme Court, Kings County, granted defendant Department of Housing Preservation and Development of City of New York's motion to dismiss the complaint and denied plaintiff's cross motion for summary judgment on the complaint; App. Div. affirmed.