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For February 15, 2019 through February 21, 2019 , the following preliminary appeal statements were filed:

DIXON, MATTER OF v CUOMO (— AD3d —, 2019 NY Slip Op 00722):
4th Dept. App. Div. judgment of 2/1/19; dismissal; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Prisons and Prisoners--Discipline of Inmates--CPLR article 78 proceeding to review a determination by respondent Acting Commissioner of the Department of Corrections and Community Supervision finding, after a tier III hearing, that petitioner had violated an inmate rule; claimed due process violations; Supreme Court, Cayuga County, transferred the proceeding to the App. Div.; App. Div. dismissed the proceeding.

For February 22, 2019 through February 28, 2019 , the following preliminary appeal statements were filed:

ALTAMIRANO (MAURICIO), PEOPLE v (61 Misc 3d 1):
App. Term, 2nd Dept., 2nd, 11th, and 13th Judicial Districts order of 5/11/18; affirmance; leave to appeal granted by Feinman, J., 2/11/19; Crimes--Instructions-- Whether defendant was denied the right to a fair trial when the trial court provided the jury with a charge on the defense of temporary and innocent possession of a weapon without first informing counsel and without permitting counsel to reopen his summation; whether harmless error analysis applies; Criminal Court of the City of New York, Kings County, convicted defendant of criminal possession of a weapon in the fourth degree and imposed sentence; App. Term affirmed.

BATTICKS (JONATHAN), PEOPLE v (165 AD3d 591):
1st Dept. App. Div. order of 10/30/18; affirmance; leave to appeal granted by Fahey, J., 2/1/19; Crimes--Jurors--Challenge to trial court's handling of situation involving juror who made an outburst during cross-examination of a witness by co-defendant's counsel--whether trial court erred in failing to conduct an inquiry of the juror pursuant to People v Buford (69 NY2d 290); Supreme Court, New York County, convicted defendant, after a jury trial, of assault in the second degree, and sentenced him, as a second violent felony offender, to a prison term of 6 1/2 years; App. Div. affirmed.

CNH DIVERSIFIED OPPORTUNITIES MASTER ACCOUNT, L.P. v CLEVELAND UNLIMITED, INC. (162 AD3d 573):
1st Dept. App. Div. order of 6/26/18; affirmance; leave to appeal granted by Court of Appeals, 2/14/19; Secured Transactions--Security Agreements--Whether Supreme Court properly dismissed plaintiffs' breach of contract claim based on parties' indenture, which tracked the language of section 316(b) of the Trust Indenture Act of 1939 (15 USC § 77ppp[b]) and provided that bondholder's right to receive payment or to bring enforcement suit shall not be impaired without holder's consent; whether collateral trustee was authorized to pursue default remedy of strict foreclosure; Supreme Court, New York County, granted defendants' motion for summary judgment dismissing the complaint and denied plaintiffs' motion for summary judgment; App. Div. affirmed.

MYERS, MATTER OF v FIALA (2019 NY Slip Op 62615[U]):
3rd Dept. App. Div. order of 2/1/19; denial of motion; sua sponte examination of 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; Proceeding Against Body or Officer--Mandamus--CPLR article 78 proceeding against Commissioner of New York State Department of Motor Vehicles to, among other things, compel restoration of petitioner's drivers license; Supreme Court, Albany County, dismissed the petition and denied the requested relief in all respects; App. Div. denied appellant's motion for permission to appeal and provide judicial oversight, and granted his motion for permission to proceed as a poor person only to the extent that the motion filing fee was waived.

JORDAN R., MATTER OF (ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES; YON R.-W.) (162 AD3d 671):
2nd Dept. App. Div. order of 6/6/18; dismissal; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right and whether the appeal was timely taken; Parent and Child--Abused or Neglected Child-- Claimed fraud and impartiality in court proceedings; Family Court, Orange County, after a fact-finding hearing, found that the mother neglected the subject children; and thereafter, upon the order of the fact-finding and after a dispositional hearing, directed the mother to comply with a certain order of protection; App. Div. dismissed appeal from the order of fact-finding as that order was superseded by the order of disposition, and affirmed the order of disposition.