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For February 2, 2018 through February 8, 2018, the following preliminary appeal statements were filed:

BAKER v LISCONISH (156 AD3d 1324):
4th Dept. App. Div. order of 12/22/17; modification with dissents; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution; Motor Vehicles--Owners's Consent to Use of Vehicle-- Whether triable issue of fact exists as to defendant Lisconish's permissive use of defendant Santo Heating and Air Conditioning, Inc. (Santo)'s vehicle--Vehicle and Traffic Law § 388; respondeat superior liability; summary judgment; Supreme Court, Oswego County, granted Santo's summary judgment motion, dismissed the complaint as to Santo, and denied the cross motions of plaintiff and Lisconish for summary judgment on the issue of permissive use; App. Div. modified by denying Santo's summary judgment motion, reinstated the complaint against Santo, and affirmed as modified.

MANKO v LENOX HILL HOSPITAL (2012 NY Slip Op 65522[U]): ( 2012 NY Slip Op 65523[U]): ( 2012 NY Slip Op 76155[U]): ( 2012 NY Slip Op 84496[U]): ( 2013 NY Slip Op 72395[U]):
2nd Dept. App. Div. orders of 2/28/12, 6/14/12, 9/14/12 and 5/1/13; denial of various motions except motion to enlarge time to perfect appeal; sua sponte examination whether the orders appealed from finally determine the action within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; Appeal--Appellate Division--Denial of motions seeking various relief; App. Div. (2/28/12 order), among other things, denied as unnecessary a motion for leave to appeal from a 10/7/11 order of Supreme Court, Kings County; (6/14/12 order) denied appellant's motion, among other things, to direct respondent to retain and preserve appellant's medical records, bills and x-rays for the years 2002-2003, pending hearing and determination of appeals from three Supreme Court orders; (9/14/12 order) granted appellant's motion to enlarge the time to perfect an appeal from the 10/7/11 Supreme Court order; and (5/1/13 order) denied appellant's motion, among other things, to reinstate an appeal from the 10/7/11 Supreme Court order.

For February 9, 2018 through February 15, 2018, the following preliminary appeal statements were filed:

ADAMO v CITY OF ALBANY (156 AD3d 1017):
3rd Dept. App. Div. order of 12/7/17; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Contracts--Breach or Performance of Contract--Whether amended complaint stated a claim that defendant City of Albany (the City) breached collective bargaining agreements with police officer unions purportedly granting union retirees and their spouses, including plaintiffs, reimbursement of Medicare Part B premiums; motions and orders--motion to dismiss--whether Supreme Court erred by considering the City's affidavit without treating the City's motion to dismiss as a motion for summary judgment pursuant to CPLR 3211 (c); Supreme Court, Albany County, granted defendant City's motion to dismiss the amended complaint and dismissed the amended complaint; App. Div. affirmed.

HYRA, MATTER OF v JACOBELLIS (148 AD3d 710):
2nd Dept. App. Div. order of 3/1/17; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Proceeding Against Body or Officer--Mandamus--Whether CPLR article 78 proceeding, which sought to compel respondent Justice of the Carmel Town Court to reinstate certain criminal charges formerly pending in that court, was properly dismissed as time barred; alleged equal protection violation and deprivation of the right to the effective assistance of counsel; Supreme Court, Putnam County, denied the petition and dismissed the CPLR article 78 proceeding; App. Div. affirmed.

MASON H., MATTER OF (154 AD3d 1129):
3rd Dept. App. Div. order of 10/19/17; affirmance; leave to appeal granted by Court of Appeals, 1/16/18; Rule 500.11 review pending; Parent, Child and Family-- Termination of Parental Rights--Whether petitioner failed to meet its burden of proof that respondent abandoned the subject child; petitioner's only witness addressed respondent's failure to communicate with the child, but not whether respondent had any direct contact with the child; Social Services Law § 384-b; Family Court, Broome County, granted petitioner's application, in a proceeding pursuant to Social Services Law § 384-b, to adjudicate the subject child to be abandoned by respondent, and terminated respondent's parental rights; App. Div. affirmed.

McCULLOCH, MATTER OF v MELVIN H. (156 AD3d 1480):
4th Dept. App. Div. order of 12/22/17; dismissal of appeal; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Appeal--Academic and Moot Questions--Whether the Appellate Division properly dismissed the appeal as moot; constitutional law--due process of law--whether respondent was denied right to due process; mental health--whether respondent was denied meaningful representation in proceeding seeking permission to administer medication to respondent over his objection; Supreme Court, Oneida County, granted petitioner's application for authorization to administer medication to respondent over his objection; App. Div. dismissed the appeal as moot.

For February 16, 2018 through February 22, 2018, the following preliminary appeal statements were filed:

JACOBI, MATTER OF v TAX APPEALS TRIBUNAL OF THE STATE OF NEW YORK (156 AD3d 1154):
3rd Dept. App. Div. order of 12/21/17; confirmation of determination; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Motor Vehicles--Revocation or Suspension of Operator's License--CPLR article 78 proceeding seeking to annul a determination of the Tax Appeals Tribunal of the State of New York sustaining a notice of proposed driver's license suspension referral imposed under Tax Law article 8; whether Tax Law § 171-v, which allows for the suspension of a taxpayer's driver's license based on past-due tax liabilities, violates the due process clause inasmuch as it does not take into account taxpayer's inability to pay; whether petitioner was deprived of due process where Department of Taxation and Finance did not act on petitioner's offer in compromise before license suspension took effect; App. Div. confirmed a determination of respondent Tax Appeals Tribunal sustaining a notice of proposed driver's license suspension referral imposed under Tax Law article 8, and dismissed the CPLR article 78 petition.

For February 23, 2018 through March 1, 2018, the following preliminary appeal statements were filed:

ALVAREZ (OMAR), PEOPLE v (2017 NY Slip Op 87246[U]):
1st Dept. App. Div. order of 9/28/17; denial of writ of error coram nobis; leave to appeal granted by Wilson, J., 2/8/18; Crimes--Right to Counsel--Effective Representation--Whether appellate counsel's deficient performance, including failing to request that the Appellate Division reduce defendant's sentence in the interest of justice, deprived defendant of the effective assistance of counsel; App. Div. denied defendant's application for a writ of error coram nobis.

PEOPLE ex rel. JONES v LEE (158 AD3d 887):
3rd Dept. App. Div. order of 2/1/18; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Habeas Corpus--When Remedy Available; Supreme Court, Ulster County, in a proceeding pursuant to CPLR article 70, denied petitioner's application for a writ of habeas corpus.

MATTER OF MANN, AN ATTORNEY (ATTORNEY GRIEVANCE COMMITTEE FOR THE THIRD JUDICIAL DEPARTMENT; MANN) (157 AD3d 1160):
3rd Dept. App. Div. order 1/18/18; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Attorney and Client--Disciplinary Proceedings--Censure; claimed due process violations and unconstitutionality of Judiciary Law § 90 and 22 NYCRR 1200.7 (New York Rule of Professional Conduct 1.7); App. Div. granted petitioner Grievance Committee's motion to confirm the Referee's report, denied respondent's cross motion to disaffirm the report, deemed established respondent's professional misconduct as set forth in the petition of charges, and censured respondent.

MATTER OF EIGHTH JUDICIAL DISTRICT ASBESTOS LITIGATION (TERWILLIGER, v BEAZER EAST, INC.) (150 AD3d 1617):
4th Dept. App. Div. order of 5/5/17; reversal; leave to appeal granted by Court of Appeals, 2/15/18; Products Liability--Exposure to Toxic Substances--Injuries to decedent exposed to asbestos and coke oven emissions while employed at the Bethlehem Steel plant--whether the coke oven batteries constructed at the Bethlehem Steel plant were "products" subject to products liability theories rather than structures resulting from performance of a contract for construction services; negligence--duty to warn about product hazards; summary judgment; Supreme Court, Erie County, denied the motion of defendant Honeywell International, Inc., successor in interest to the Wilputte Coke Oven Division of Allied Chemical Corporation (Honeywell), for summary judgment dismissing the complaint against it; App. Div. reversed, granted defendant Honeywell's motion for summary judgment and dismissed the complaint against it.

For March 2, 2018 through March 8, 2018, the following preliminary appeal statements were filed:

MADISON COUNTY INDUSTRIAL DEVELOPMENT AGENCY, MATTER OF v STATE OF NEW YORK AUTHORITIES BUDGET OFFICE (151 AD3d 1532):
3rd Dept. App. Div. order of 6/29/17; affirmance; leave to appeal granted by Court of Appeals, 2/20/18; Counties--Industrial Development Agency--Whether petitioner industrial development agency had authority to form a local development corporation (see N-PCL 1411; Public Authorities Law § 2) as a subsidiary under General Municipal Law § 858; interpretation of "necessary or convenient" clause of General Municipal Law § 858 (17); Supreme Court, Albany County, dismissed petitioners' application, in a proceeding pursuant to CPLR article 78, to review a determination of respondents refusing to recognize petitioner Madison Grant Facilitation Corporation as a subsidiary of petitioner Madison County Industrial Development Agency and requiring petitioner Madison Grant Facilitation Corporation to file separate budget, annual and audit reports; App. Div. affirmed.

QUEENS BRANCH OF THE BHUVANESHWAR MANDIR, INC. v SHERMAN (156 AD3d 658):
2nd Dept. App. Div. order of 12/6/17; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right and whether the order appealed from finally determines the action within the meaning of the Constitution; Religious Corporations--Elections--Membership requirement to vote for Board of Trustee candidates for Queens Branch of Bhuvaneshwar Mandir (Mandir)—whether membership in the Mandir is based on religious criteria or resolvable on neutral principles of law and reference to the secular provisions of the Mandir's internal documents; claimed violation of First Amendment of the U. S. Constitution; Supreme Court, Queens County, among other things, granted that branch of plaintiffs' motion which was to confirm the results of a 5/31/15 election in which their slate of candidates was elected as members of the Board of Trustees of plaintiff Queens Branch of the Bhuvaneshwar Mandir, Inc., and denied that branch of defendants' cross motion seeking a judgment pursuant to CPLR 3001 declaring that its slate of candidates won the election; App. Div. affirmed.

RKEIN (HASSAN), PEOPLE v (152 AD3d 434):
1st Dept. App. Div. order of 7/13/17; affirmance; leave to appeal granted by Rivera, J., 2/22/18; Crimes--Justification--Whether trial court properly denied defendant's request for a justification charge regarding second-degree assault count; defendant struck unarmed initial aggressor in head with pint glass; Supreme Court, New York County, convicted defendant of assault in the second and third degrees, and sentenced him, as a second felony offender, to an aggregate term of five years; App. Div. affirmed.