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For February 7, 2020 through February 13, 2020, the following preliminary appeal statements were filed:

U.S. BANK NATIONAL ASSOCIATION v DLJ MORTGAGE CAPITAL, INC. (176 AD3d 466):
1st Dept. App. Div. order of 10/10/19; affirmance; leave to appeal granted by App. Div., 1/30/20; Contracts--Breach or Performance of Contracts--Whether the doctrine of relation back permits a residential mortgage-backed securities (RMBS) plaintiff-trustee to assert otherwise untimely notice-based claims for any loan in an RMBS trust, and thereby excuse the plaintiff's failure to comply with a contractual precondition to invoking the repurchase remedy, when the plaintiff provided timely pre-suit repurchase demands relating to some specified loans in the trust; Whether plaintiffs are entitled to recover as damages interest that did not, in fact, accrue when an RMBS contractual provision provides for the payment of "accrued" interest as part of the repurchase remedy; Supreme Court, New York County, denied defendant's motion for summary judgment; App. Div. affirmed.

For February 14, 2020 through February 20, 2020, the following preliminary appeal statements were filed:

MATTER OF BLOOM, A SUSPENDED ATTORNEY (180 AD3d 128, 2019 NY Slip Op 09000):
2nd Dept. App. Div. order of 12/18/19; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Attorney and Client--Disciplinary Proceedings--Whether the suspension of appellant for three years, in addition to a three year suspension imposed in a separate disciplinary proceeding, was excessive--whether appellant was denied constitutional due process; App. Div., among other things, granted motion of Grievance Committee to confirm report of Special Referee, sustained all charges, and suspended appellant from the practice of law for three years.

WHITE v CUOMO (181 AD3d 76, 2020 NY Slip Op 00895):
3rd Dept. App. Div. order of 2/6/20; modification with one-Justice dissent; Constitutional Law--State Constitutional Law--Whether article 14 of the Racing, Pari-Mutuel Wagering and Breeding Law violates article I, section 9 of the New York State Constitution; Supreme Court, Albany County, (1) partially granted plaintiffs' motion for summary judgment, and (2) partially granted defendant's cross motion for summary judgment dismissing the complaint; App. Div. (1) modified the judgment by reversing so much thereof as upheld Racing, Pari-Mutuel Wagering and Breeding Law § 1400(2); (2) declared that (a) Racing, Pari-Mutuel Wagering and Breeding Law § 1400(2) is void, and (b) Racing, Pari-Mutuel Wagering and Breeding Law § 1412 does not violate N.Y. Constitution, article I, § 9; and (3) as so modified, affirmed.

For February 21, 2020 through February 27, 2020, the following preliminary appeal statements were filed:

LEWIS (DAVE), PEOPLE v (65 Misc 3d 141[A], 2019 NY Slip Op 51711[U]):
App Term, 1st Dept. order 10/24/19; affirmance; leave to appeal granted by Feinman, J., 2/10/20; Motor Vehicles--Injuries to Bicyclist--Whether New York City Administrative Code § 19-190(b) and New York State Vehicle and Traffic Law § 1146(c)(1) impose a civil negligence standard of care rather than a criminal negligence standard; whether New York City Administrative Code § 19-190(b) and New York State Vehicle and Traffic Law § 1146(c)(1), if interpreted to impose a civil negligence standard, are unconstitutional for using a civil negligence standard as a basis for criminal liability; Whether New York City Administrative Code § 19-190(b), if interpreted to impose a civil negligence standard, is preempted by state law; Whether the evidence was legally sufficient to support the verdict; Criminal Court of the City of New York, following a nonjury trial, convicted defendant of failure to exercise due care to avoid collision with a bicyclist and failure to yield to a bicyclist, and imposed sentence; App. Div. affirmed.

LORA (ANTHONY), PEOPLE v (177 AD3d 518):
1st Dept. App. Div. order of 11/21/19; reversal with two-Justice dissent; sua sponte examination of whether the appeal lies from the 11/21/19 App. Div. order of reversal; leave to appeal granted by Acosta, J., 1/27/20; Crimes--Right to Speedy Trial-- The Appellate Division held that the motion court improvidently exercised its discretion over calendar matters when it refused to accept the People's untimely opposition papers and refused to reconsider its decision to grant defendant's CPL 30.30 motion as unopposed; whether the Appellate Division had the power, under CPL 470.15, to reverse the decision of the motion in the interest of justice; Supreme Court, Bronx County, granted defendant's speedy trial motion and dismissed indictment; App. Div. reversed and remanded for consideration of defendant's CPL 30.30 motion.

REARDON, MATTER OF v GLOBAL CASH CARD, INC. (179 AD3d 1228):
3rd Dept. App. Div. order of 1/9/20; modification and affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Proceeding Against Body or Officer--Whether, as determined by respondent Industrial Board of Appeals, petitioner-respondent Roberta Reardon, in her capacity as Commissioner of the Department of Labor, exceeded the rule-making authority delegated to her by the legislature in promulgating the portions of 12 NYCRR part 192 that relate to payroll debit cards; Whether the determination of respondent Industrial Board of Appeals had a rational basis; Supreme Court, Albany County, among other things, granted petitioner's application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent Industrial Board of Appeals revoking 12 NYCRR part 192; App. Div. modified by reversing so much thereof as denied the motion of respondent Global Cash, Inc. to strike an affidavit and affirmation submitted by petitioner, granted motion, and as so modified, affirmed.