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For February 15, 2013 through February 21, 2013, the following preliminary appeal statements were filed:

HANDLER, MATTER OF v DI NAPOLI (88 AD3d 1187):
Supreme Court, Albany County judgment dismissing a CPLR article 78 petition, bringing up for review a 3rd Dept. App. Div. order of 10/27/11; modification; sua sponte examination whether a substantial constitutional question is directly involved in the prior nonfinal App. Div. order to support an appeal as of right under CPLR 5601(d); STATE - COMPTROLLER - AUTHORITY TO CONDUCT AUDIT OF MEDICAL SERVICES PROVIDER'S BILLING RECORDS; Supreme Court, Albany County, among other things, partially granted petitioner's application, in a combined CPLR article 78 proceeding and declaratory judgment action, to set aside respondent Comptroller's audit of petitioner; App. Div. modified by reversing so much of the judgment that partially granted petitioner's application to set aside respondent Comptroller's audit of petitioner, remitted to Supreme Court for further proceedings not inconsistent with the Appellate Division's decision, and affirmed the judgment as so modified.

LOPEZ, MATTER OF v EVANS (104 AD3d 105):
1st Dept. App. Div. order of 12/27/12; reversal; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right and whether the issues raised have become moot in light of the subsequent grant of parole to petitioner; PAROLE - REVOCATION - WHETHER THE DUE PROCESS CLAUSE OF THE FEDERAL CONSTITUTION PROHIBITS A PAROLE REVOCATION PROCEEDING FROM GOING FORWARD AGAINST A PAROLEE WHO, ONLY A SHORT TIME EARLIER, WAS FOUND MENTALLY INCOMPETENT TO STAND TRIAL IN A CRIMINAL PROSECUTION BASED ON THE SAME CHARGES THAT ARE AT ISSUE IN THE REVOCATION PROCEEDING; Supreme Court, Bronx County denied the CPLR article 78 petition to annul respondent's determination finding that petitioner violated the conditions of his parole, revoking his parole and imposing on him an assessment of 24 months of additional imprisonment, and granted respondent's cross motion to dismiss the petition; App. Div. reversed, granted the petition, annulled respondent's determination, reinstated petitioner to parole and denied respondent's cross motion to dismiss the petition.

McFARLANE (TERRENCE), PEOPLE v (93 AD3d 467):
1st Dept. App. Div. order of 3/13/12; affirmance; leave to appeal granted by Saxe, J., 1/24/13; Rule 500.11 review pending; CRIMES - UNLAWFUL SEARCH AND SEIZURE - SCOPE OF CONSENT FOR SEARCH OF AUTOMOBILE - WHETHER THE RECORD SUPPORTS THE FINDING THAT DEFENDANT DID NOT CONSENT TO A SEARCH OF HIS CAR'S LOCKED GLOVE COMPARTMENT WHEN, IN RESPONSE TO OFFICER'S REQUEST TO "TAKE A LOOK" THROUGH THE CAR, DEFENDANT RESPONDED, "GO AHEAD"; Supreme Court, Bronx County granted defendant's suppression motion; App. Div. affirmed.

MELCHER v GREENBERG TRAURIG, LLP (102 AD3d 497):
1st Dept. App. Div. order of 1/17/13; reversal with dissents; LIMITATION OF ACTIONS - WHEN CAUSE OF ACTION ACCRUES - WHETHER PLAINTIFF'S JUDICIARY LAW § 487 CAUSE OF ACTION WAS TIMELY COMMENCED; Supreme Court, New York County denied defendants' motion to dismiss the amended complaint as barred by the statute of limitations; App. Div. reversed, granted defendants' motion, and dismissed the amended complaint.

SOUTH ISLAND ORTHOPAEDIC GROUP, P.C., MATTER OF v DiNAPOLI (88 AD3d 1186):
Supreme Court, Albany County judgment dismissing a CPLR article 78 petition, bringing up for review a 3rd Dept. App. Div. order of 10/27/11; modification; sua sponte examination whether a substantial constitutional question is directly involved in the prior nonfinal App. Div. order to support an appeal as of right under CPLR 5601(d); STATE - COMPTROLLER - AUTHORITY TO CONDUCT AUDIT OF MEDICAL SERVICES PROVIDER'S BILLING RECORDS; Supreme Court, Albany County, among other things, partially granted petitioner's application, in a combined CPLR article 78 proceeding and declaratory judgment action, to set aside respondent Comptroller's audit of petitioner; App. Div. modified by reversing so much of the judgment that partially granted petitioner's application to set aside respondent Comptroller's audit of petitioner, remitted to Supreme Court for further proceedings not inconsistent with the Appellate Division's decisions, and affirmed the judgment as so modified.

For February 22, 2013 through February 28, 2013, the following preliminary appeal statements were filed:

BOND v PROGRESSIVE INSURANCE CO. (101 AD3d 1340):
3rd Dept. App. Div. order of 12/13/12; modification; sua sponte examination whether the App. Div. order grants a new trial or hearing within the meaning of CPLR 5601(c); JUDGMENTS - DEFAULT JUDGMENT - VACATUR - INTERESTED PERSONS - TIMELINESS OF MOTION; PARTIES - INTERVENTION; Supreme Court, Schenectady County, among other things, denied a motion by Progressive Insurance Company for, among other things, vacatur of a default judgment and leave to intervene in action No. 1; App. Div. modified by reversing so much of the order as denied the motion of Progressive Insurance Company to (1) vacate a default judgment in action No. 1 and (2) intervene in action No. 1; granted the motion to that extent; vacated the default judgment; and affirmed as so modified.

VOSS v THE NETHERLANDS INSURANCE CO. (96 AD3d 1543):
4th Dept. App. Div. order of 6/5/12; affirmance; leave to appeal granted by Court of Appeals, 2/14/13; INSURANCE - AGENTS AND BROKERS - ALLEGED FAILURE TO PROCURE ADEQUATE COVERAGE - INSURED CHARGED WITH PRESUMPTIVE KNOWLEDGE OF REDUCED COVERAGE IN RENEWED POLICY - WHETHER SUFFICIENT EVIDENCE EXISTED OF A SPECIAL RELATIONSHIP BETWEEN BROKER AND INSURED - WHETHER ALLEGED FAILURE TO PROCURE ADEQUATE COVERAGE WAS PROXIMATE CAUSE OF LOSS; Supreme Court, Onondaga County granted the motion by defendant CH Insurance Brokerage for summary judgment dismissing the complaint and dismissed the complaint and all cross claims against that defendant; App. Div. affirmed.