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For March 18, 2011 through March 24, 2011, the following preliminary appeal statements were filed:

AMERICO PELLECHIA v PARTNER AVIATION ENTERPRISES, INC. (80 AD3d 740):
2nd Dept. App. Div. order of 1/25/11; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; AVIATION - FEDERAL PREEMPTION - ADEQUACY OF DEFENDANT'S DISEMBARKING PROCEDURES AND SERVICES - WHETHER FEDERAL LAW PREEMPTS PLAINTIFF'S COMMON-LAW NEGLIGENCE CLAIMS AGAINST AIRLINE ARISING OUT OF PLAINTIFF'S FALL DOWN STEPS OF A CHARTERED JET - FEDERAL AVIATION ACT OF 1958 - AIRLINE DEREGULATION ACT OF 1978; Supreme Court, Suffolk County granted defendant's motion for summary judgment dismissing the complaint; App. Div. affirmed.

BEDESSIE (KHEMWATTIE), PEOPLE v (78 AD3d 960):
2nd Dept. App. Div. order of 11/16/10; affirmance; leave to appeal granted by Ciparick, J., 3/4/11; CRIMES - EVIDENCE - HEARSAY EVIDENCE - ADMISSIBILITY OF STATEMENTS MADE TO A TREATING PHYSICIAN BY CHILD'S MOTHER AS TO WHAT HER SON TOLD HER TRANSPIRED WITH A DAY CARE CENTER EMPLOYEE; EXPERT TESTIMONY - FALSE CONFESSIONS - WHETHER TRIAL COURT'S EXCLUSION OF EXPERT TESTIMONY ON FALSE CONFESSIONS WAS AN ABUSE OF DISCRETION; CLAIMED INEFFECTIVE ASSISTANCE OF COUNSEL - FAILURE TO OBJECT TO BOLSTERING HEARSAY FROM COMPLAINANT'S MOTHER AND FAILURE TO IMPEACH CERTAIN WITNESSES; Supreme Court, Queens County convicted defendant, upon a jury verdict, of rape in the first degree, six counts of sexual abuse in the fist degree, and endangering the welfare of a child, and imposed sentence; App. Div. affirmed.

CULVER, MATTER OF v CULVER (— AD3d —, 2011 NY Slip Op 01545):
3rd Dept. App. Div. order of 3/3/11; modification with dissents; sua sponte examination whether the two-justice dissent is on a question of law; PARENT AND CHILD - VISITATION - PETITION OF INCARCERATED FATHER FOR VISITATION WITH DAUGHTER - FAMILY COURT ACT, ARTICLE 6; EXPERT WITNESSES - CONFLICTING OPINIONS; Family Court, Saratoga County granted petitioner's application, in a proceeding pursuant to Family Court Act article 6, for visitation with the parties' child; App. Div. modified by reversing so much of the Family Court order as held respondent financially responsible for all expenses associated with visitation including, but not limited to, counseling and telephone expenses, unless she has since obtained or in the future acquires health insurance covering such counseling expenses, in which case the mother shall utilize that coverage, and affirmed the order as so modified.

PAGAN (DEBRA), PEOPLE v (81 AD3d 86):
1st Dept. App. Div. order of 12/14/10; affirmance; leave to appeal granted by Graffeo, J., 3/14/11; CRIMES - ROBBERY - FORCIBLE TAKING OF CASH - LEGAL SUFFICIENCY OF EVIDENCE OF INTENT WHERE DEFENDANT ASSERTS THAT SHE FOUGHT WITH CAB DRIVER FOR MONEY UNDER THE MISTAKEN BELIEF THAT IT BELONGED TO HER - "NEGATIVE CLAIM OF RIGHT" CHARGE - TRIAL COURT'S ALLEGED ERROR IN CHARGING THE JURY THAT "THE LAW DOES NOT PERMIT ONE PERSON TO USE FORCE TO TAKE MONEY FROM ANOTHER PERSON, EVEN WHERE THE PERSON DOING THE TAKING HONESTLY BELIEVES HE OR SHE IS ENTITLED TO THE MONEY," AND IN DENYING DEFENDANT'S REQUEST FOR AN INSTRUCTION THAT WOULD ALLOW THE JURY TO FIND THAT DEFENDANT'S MISTAKE OF FACT AS TO THE OWNERSHIP OF THE MONEY NEGATED THE ELEMENT OF INTENT - PENAL LAW § 15.20(1)(a), § 155.15(1); Supreme Court, New York County convicted defendant, after a jury trial, of attempted robbery in the second degree, criminal possession of a weapon in the third degree, assault in the third degree and menacing in the second degree, and sentenced her, as a second felony offender, to concurrent terms of, respectively, 3 years on the robbery count, 2 to 4 years, 1 year and 1 year; App. Div. affirmed.

PERINO (CHRISTOPHER), PEOPLE v (76 AD3d 456):
1st Dept. App. Div. order of 8/17/10; modification; leave to appeal granted by Jones, J., 3/3/11; CRIMES - PERJURY - MATERIALITY OF PERJURED TESTIMONY BY DEFENDANT FORMER POLICE OFFICER REGARDING HIS QUESTIONING OF A SUSPECT - PENAL LAW § 210.05; INTENT - SUFFICIENCY OF EVIDENCE OF DEFENDANT'S INTENT TO COMMIT PERJURY; Supreme Court, Bronx County convicted defendant, after a bench trial, of three counts of perjury in the first degree and one count of perjury in the third degree, and sentenced him to an aggregate term of 4 months, concurrent with 5 years' probation; App. Div. modified, on the law, to reduce the conviction of perjury in the first degree under the third and fourth counts of the indictment to perjury in the third degree, and also modified, as a matter of discretion in the interest of justice, to reduce each term of imprisonment to two months, and otherwise affirmed; and remitted to Supreme Court, Bronx County for further proceedings pursuant to CPL 460.50(5).

REZPLEX, MATTER OF v NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT (76 AD3d 802):
1st Dept. App. Div. order of 9/7/10; reversal; leave to appeal granted by App. Div., 2/17/11; Rule 500.11 review pending; MUNICIPAL CORPORATIONS - UNSAFE BUILDINGS - AGENCY'S DENIAL OF PETITIONER'S PROTEST OF CHARGES AND LIEN IMPOSED FOR EMERGENCY REPAIR OF RETAINING WALL - WHETHER THE APPELLATE DIVISION ERRED IN RULING THAT THE AGENCY'S DETERMINATION WAS ARBITRARY AND CAPRICIOUS BECAUSE THE RECORD ESTABLISHED THAT PETITIONER DID NOT OWN AND WAS NOT RESPONSIBLE FOR REPAIRING A RETAINING WALL, WHICH WAS LOCATED ON ANOTHER'S PROPERTY - SCOPE OF JUDICIAL REVIEW OF AGENCY DETERMINATION - OWNERSHIP ISSUE RAISED FOR THE FIRST TIME AT SUPREME COURT; Supreme Court, Bronx County denied a CPLR article 78 petition challenging an agency determination denying petitioner's protest of charges and lien imposed for emergency repair of a retaining wall, and dismissed the proceeding; App. Div. reversed and granted the petition.

VISTRA TRUST COMPANY (JERSEY) LIMITED v STOFFEL (2010 NY Slip Op 86464[U]:
1st Dept. App. Div. order of 10/28/10; dismissal; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right and whether defendants Stoffel and Lauramca Holdings LLC are permissible appellants within the meaning of CPLR 5511; APPEALS - APPELLATE DIVISION - DISMISSAL OF APPEAL; DEFAULT JUDGMENT; Supreme Court, New York County awarded plaintiffs default judgment against defendants Stoffel and Lauramca Holdings, LLC in the total amount of $36,532,160.82; App. Div. granted plaintiffs' motion to dismiss defendants' appeal and dismissed the appeal.

For March 25, 2011 through March 31, 2011, the following preliminary appeal statements were filed:

COLEMAN v DAINES (79 AD3d 554):
1st Dept. App. Div. order of 12/16/10; reversal with dissents; leave to appeal granted by App. Div., 3/3/11; SOCIAL SERVICES - PROCEEDING AGAINST BODY OR OFFICER - PETITION SEEKING RELIEF AS A RESULT OF RESPONDENTS' HANDLING OF PETITIONER'S APPLICATION FOR MEDICAID HOME CARE SERVICES; SOCIAL SERVICES LAW § 133; MOOTNESS - EXCEPTION TO MOOTNESS DOCTRINE; ADMINISTRATIVE LAW - FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES; Supreme Court, New York County denied the petition and dismissed the hybrid CPLR article 78 proceeding and 42 USC § 1983 action seeking class certification, declaratory and injunctive relief and nominal damages resulting from respondents' handling of petitioner's application for Medicaid home care services; App. Div. reversed and remitted the matter to Supreme Court for further proceedings.

PROGRESSIVE NORTHEASTERN INSURANCE COMPANY v STATE FARM INSURANCE COMPANIES (81 AD3d 1376):
4th Dept. App. Div. order of 2/10/11; modification; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; INSURANCE - DUTY TO DEFEND AND INDEMNIFY - CONSTRUCTION OF POLICY - OBLIGATION TO DEFEND AND INDEMNIFY AUTO REPAIR SHOP IN UNDERLYING PERSONAL INJURY ACTION ARISING FROM MOTOR VEHICLE ACCIDENT INVOLVING CUSTOMER'S VEHICLE WHICH WAS BEING DRIVEN BY REPAIR SHOP EMPLOYEE AT TIME OF ACCIDENT - CHALLENGE TO APPELLATE DIVISION ORDER HOLDING, AMONG OTHER THINGS, THAT COMMERCIAL LIABILITY POLICY EXCLUDED COVERAGE FOR INJURIES AND PROPERTY DAMAGE ARISING FROM THE USE OF ANY "AUTO" OWNED, OPERATED OR RENTED OR LOANED TO THE INSURED, AND THAT EXCEPTION TO SUCH EXCLUSION WITH RESPECT TO ANY CUSTOMER'S AUTO WHILE ON OR NEXT TO PREMISES THAT ARE OWNED, RENTED OR CONTROLLED BY THE INSURED AND THAT ARE BEING USED FOR ANY GARAGE OPERATIONS, WAS INAPPLICABLE BECAUSE THE UNDERLYING ACCIDENT OCCURRED IN ANOTHER CITY, 60 MILES AWAY; Supreme Court, Onondaga County judgment (1) granted in part and denied in part the motion for summary judgment by defendant Gabe's Auto (4th decretal paragraph), and (2) declared that defendant Charter Oak Insurance Company was obligated to (a) defend or indemnify Gabe's Auto in an underlying personal injury action bearing index number 2007-3108 (7th decretal paragraph), and (b) reimburse Gabe's Auto for reasonable attorney's fees and costs incurred by Gabe's Auto in hiring substitute counsel in that underlying personal injury action (10th decretal paragraph); App. Div. modified by denying the motion of defendant Gabe's Auto for summary judgment in its entirety, vacating in part the 4th decretal paragraph and vacating in their entirety the 7th and 10th decretal paragraphs, and granting judgment declaring that defendant Charter Oak Fire Insurance Company is not obligated to defend or indemnify defendant Gabe's Auto in the underlying personal injury action and is not obligated to reimburse defendant Gabe's Auto in hiring substitute counsel in the underlying personal injury action, and affirmed the judgment as so modified.