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For March 20, 2015 through March 26, 2015, the following preliminary appeal statements were filed:

ABRAHAM v CHELSEA PIERS MANAGEMENT, INC. (121 AD3d 439):
1st Dept. App. Div. order of 10/7/14; reversal; leave to appeal granted by App. Div., 2/17/15; Rule 500.11 review pending; NEGLIGENCE - FORESEEABILITY - TRESPASSER DROWNING AT PIER - WHETHER THE APPELLATE DIVISION ERRED IN GRANTING DEFENDANT SUMMARY JUDGMENT DISMISSING THE COMPLAINT UPON THE GROUND THAT DECEDENT'S ACTIONS IN TRESPASSING ONTO A CLOSED PIER BY SCALING A LOCKED GATE WHILE INTOXICATED WERE NOT FORESEEABLE; Supreme Court, New York County, denied defendant's motion for summary judgment dismissing the complaint; App. Div. reversed, granted the motion, and directed the Clerk to enter judgment accordingly.

AYLWARD, MATTER OF v ASSESSOR, CITY OF BUFFALO (125 AD3d 1344):
4th Dept. App. Div. order of 2/6/15; modification; sua sponte examination whether the order appealed from finally determines the proceeding within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; TAXATION - ASSESSMENT - REAL PROPERTY TAX LAW (RPTL) ARTICLE 7 PROCEEDINGS SEEKING REDUCTIONS IN THE VALUE OF THE ASSESSMENTS TO PETITIONERS' RESPECTIVE PROPERTIES - DISCOVERY REQUESTS BY RESPONDENTS INCLUDING INSPECTIONS OF THE INTERIORS OF PETITIONERS' HOMES - WHETHER RESPONDENTS' INTEREST IN CONDUCTING INTERIOR INSPECTIONS OUTWEIGHED PETITIONERS' PRIVACY RIGHTS UNDER THE FOURTH AMENDMENT TO THE U.S. CONSTITUTION; Supreme Court, Erie County, among other things, granted respondents' motion to, among other things, inspect the interior of petitioners' homes; App. Div. modified by directing that the fourth and fifth ordering paragraphs shall apply only to exterior inspections.

CARVER (LEROY), PEOPLE v (124 AD3d 1276):
4th Dept. App. Div. order of 1/2/15; affirmance with a two-Justice dissent; leave to appeal granted by Whalen, J., 3/17/15; CRIMES - RIGHT TO COUNSEL - EFFECTIVE REPRESENTATION - LEGITIMATE REASON FOR FAILURE TO MAKE SUPPRESSION MOTION - FUTILITY OF SUPPRESSION MOTION - WHETHER DEFENDANT WAS DEPRIVED OF THE EFFECTIVE ASSISTANCE OF COUNSEL WHEN TRIAL COUNSEL DID NOT MOVE TO SUPPRESS THE PHYSICAL EVIDENCE; CRIMES - UNLAWFUL SEARCH AND SEIZURE - FAILURE TO FOLLOW POLICE OFFICER'S INSTRUCTIONS FOLLOWING STOP OF VEHICLE - ATTEMPTING TO EXIT VEHICLE FOLLOWING DRIVER'S FLIGHT; Supreme Court, Monroe County, convicted defendant, upon a jury verdict, of two counts of burglary in the second degree; App. Div. affirmed.

MANOR (TYRONE D.), PEOPLE v (121 AD3d 1581):
4th Dept. App. Div. order of 10/3/14; affirmance; leave to appeal granted by Pigott, J., 3/19/15; CRIMES - PLEA OF GUILTY - WITHDRAWAL OF PLEA - PURPORTED INTOXICATION OF DEFENDANT - DEFENDANT ALLEGEDLY COERCED INTO MAKING PLEA BY HIS FAMILY; SUFFICIENCY OF ALLOCUTION - INTENT AND JUSTIFICATION IN HOMICIDE PROSECUTION; WHETHER COUNTY COURT ABUSED ITS DISCRETION IN DENYING DEFENDANT'S MOTION TO WITHDRAW HIS GUILTY PLEA WITHOUT A HEARING; WHETHER DEFENDANT WAS DEPRIVED OF THE EFFECTIVE ASSISTANCE OF COUNSEL AT THE PLEA PROCEEDING; County Court, Monroe County, convicted defendant, upon his plea of guilty, of murder in the second degree; App. Div. affirmed.

RIVERA v FERNANDEZ & ULLOA AUTO GROUP (123 AD3d 509):
1st Dept. App. Div. order of 12/11/14; affirmance with a two-Justice dissent; Rule 500.11 review pending; INSURANCE - NO-FAULT AUTOMOBILE INSURANCE - SERIOUS INJURY - WHETHER PLAINTIFF RAISED A TRIABLE ISSUE OF FACT AS TO WHETHER HE SUFFERED A SERIOUS INJURY WITHIN THE MEANING OF INSURANCE LAW § 5102(d) - SUMMARY JUDGMENT; EXPERT WITNESSES - MEDICAL OPINIONS; Supreme Court, Bronx County, as relevant here, granted defendants' motion for summary judgment dismissing plaintiff Rivera's complaint on the threshold issue of serious injury within the meaning of Insurance Law § 5102(d); App. Div. affirmed.

For March 27, 2015 through April 2, 2015, the following preliminary appeal statements were filed:

BOTTOM, MATTER OF v ANNUCCI (125 AD3d 1070):
3rd Dept. App. Div. order of 2/11/15; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; PRISONS AND PRISONERS - CONDITIONS OF CONFINEMENT - CORRECTIONAL FACILITY THAT PERMITS INMATES TO OWN AND USE PERSONAL TELEVISIONS WHILE RESTRICTING PACKAGES THAT INMATES MAY RECEIVE - WHETHER RESPONDENTS' DENIAL OF INMATE GRIEVANCE PERTAINING TO ACCESS TO PREMIUM TELEVISION CHANNELS WAS ARBITRARY AND CAPRICIOUS, IRRATIONAL OR AFFECTED BY AN ERROR OF LAW, WHERE A DEPARTMENTAL DIRECTIVE ALLOWS SUCH ACCESS IF THE INMATE LIAISON COMMITTEE (ILC) DETERMINES THAT THE INMATE POPULATION IS IN FAVOR OF THAT ADDITIONAL SERVICE, AND RESPONDENT SUPERINTENDENT DIRECTED PETITIONER TO ADDRESS HIS CONCERNS TO THE ILC IN ACCORDANCE WITH THAT DIRECTIVE; WHETHER THE APPELLATE DIVISION CORRECTLY HELD THAT PETITIONER FAILED TO ESTABLISH A CLEAR LEGAL RIGHT TO RELIEF IN THE NATURE OF MANDAMUS TO COMPEL RESPONDENTS TO CONDUCT A VOTE ON THE USE OF PERSONAL TELEVISIONS AND TO PERMIT PETITIONER TO RECEIVE UNRESTRICTED MONTHLY PACKAGES, OR THAT THE FACILITY'S DESIGNATION AS A "TV FACILITY" AND CONCOMITANT RESTRICTION OF PACKAGES WAS ARBITRARY AND CAPRICIOUS OR AN ABUSE OF DISCRETION; Supreme Court, Albany County, dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to, among other things, review a determination of the Central Office Review Committee denying petitioner's grievance pertaining to the lack of access to premium television channels at Attica Correctional Facility; App. Div. affirmed.

JABLONSKI, MATTER OF; COMMISSIONER OF LABOR (126 AD3d 1224):
3rd Dept. App. Div. order of 3/19/15; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; UNEMPLOYMENT INSURANCE - BENEFITS - REQUIREMENTS FOR FILING VALID ORIGINAL CLAIM (LABOR LAW § 527[1] AND [2]) - BASE PERIOD OF CALENDAR QUARTERS PRECEDING FILING OF THE CLAIM; ALLEGED DUE PROCESS VIOLATIONS IN HEARING PROCESS; App. Div. affirmed an April 9, 2014 decision of the Unemployment Insurance Appeal Board which ruled that claimant was ineligible to receive unemployment insurance benefits because she was unable to file a valid original claim.

JOHNSON (MARCELLUS), PEOPLE v (120 AD3d 1154):
1st Dept. App. Div. order of 9/30/14; affirmance; leave to appeal granted by Pigott, J., 3/19/15; CRIMES - EVIDENCE - TAPE RECORDINGS - TELEPHONE CALLS MADE BY DEFENDANT FROM CORRECTION FACILITY - WHETHER SUPREME COURT ERRED IN ADMITTING INTO EVIDENCE PORTIONS OF TELEPHONE CALLS MADE BY DEFENDANT FROM RIKERS ISLAND THAT WERE ROUTINELY RECORDED BY THE DEPARTMENT OF CORRECTION; Supreme Court, New York County, convicted defendant, after a jury trial, of two counts of robbery in the third degree, three counts of grand larceny in the fourth degree, and criminal possession of stolen property in the fourth degree, and sentenced him, as a second felony offender, to an aggregate term of 3 1/2 to 7 years; App. Div. affirmed.

For April 3, 2015 through April 9, 2015, the following preliminary appeal statements were filed:

CHANKO v AMERICAN BROADCASTING COMPANIES, INC. (122 AD3d 487):
1st Dept. App. Div. order of 11/18/14; reversal; leave to appeal granted by App. Div., 3/24/15; TORTS - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS - EXTREME AND OUTRAGEOUS CONDUCT - WHETHER DEFENDANTS' CONDUCT IN PRODUCING AND TELEVISING A SHOW DEPICTING MEDICAL CARE PROVIDED AT DEFENDANT HOSPITAL, WHICH INCLUDED PIXILATED IMAGE OF PLAINTIFFS' DECEDENT, CONSTITUTED EXTREME AND OUTRAGEOUS CONDUCT SUPPORTING A CLAIM FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; TORTS - WRONGFUL DISCLOSURE OF CONFIDENTIAL INFORMATION - WHETHER PLAINTIFFS STATED A CLAIM FOR BREACH OF THE DUTY NOT TO DISCLOSE PERSONAL MEDICAL INFORMATION; Supreme Court, New York County, (1) denied so much of motions by ABC, Inc. and New York & Presbyterian Hospital, and Sebastian Schubl, M.D., to dismiss plaintiffs' fifth cause of action for intentional infliction of emotional distress; (2) denied so much of the hospital and doctor defendants' motion which was to dismiss the fourth cause of action for violation of physician-patient confidentiality; and (3) otherwise granted defendants' separate motions to dismiss the complaint insofar as asserted against them; App. Div. reversed, granted defendants' motions to dismiss plaintiffs' fourth and fifth causes of action, and directed the Clerk to enter judgment dismissing the complaint.

COWARD, MATTER OF v NEW YORK STATE BOARD OF PAROLE (126 AD3d 1193):
3rd Dept. App. Div. order of 3/19/15; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; PAROLE - JUDICIAL REVIEW - DISMISSAL OF CPLR ARTICLE 78 PETITION FOR FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES; Supreme Court, Columbia County, dismissed the petition; App. Div. affirmed.

HENDERSON (STEVEN), PEOPLE v (120 AD3d 1258):
2nd Dept. App. Div. order of 9/10/14; affirmance; leave to appeal granted by Lippman, Ch.J., 3/25/15; CRIMES - APPEAL - PRESERVATION OF ISSUE FOR REVIEW - RIGHT TO SPEEDY TRIAL; CRIMES - RIGHT TO SPEEDY TRIAL - WHETHER THE PROSECUTION'S DELAY IN SEEKING THE TESTING OF DNA IS AN EXCEPTIONAL CIRCUMSTANCE EXCLUDABLE FROM SPEEDY TRIAL COMPUTATION UNDER CPL 30.30; Supreme Court, Kings County, convicted defendant, upon a jury verdict, of rape in the first degree and two counts of criminal sexual act in the first degree; App. Div. affirmed.

HULL (GLENFORD C.), PEOPLE v (125 AD3d 1099):
3rd Dept. App. Div. order of 2/19/15; affirmance with dissents; leave to appeal granted by Lynch, J., 3/26/15; CRIMES - LESSER INCLUDED OFFENSE - FIRST- DEGREE MANSLAUGHTER AS LESSER INCLUDED OFFENSE OF SECOND- DEGREE MURDER - WHETHER THE EVIDENCE COULD REASONABLY SUPPORT A FINDING THAT DEFENDANT INTENDED TO SERIOUSLY INJURE RATHER THAN KILL THE VICTIM; WHETHER THE VERDICT WAS SUPPORTED BY LEGALLY SUFFICIENT EVIDENCE; WHETHER THE TRIAL COURT CONDUCTED AN INSUFFICIENT INQUIRY INTO ALLEGED JUROR MISCONDUCT; WHETHER THE TRIAL COURT IMPROPERLY PERMITTED THE PEOPLE TO USE A WITNESS'S PRIOR TESTIMONY FOR IMPEACHMENT PURPOSES; WHETHER THE TRIAL COURT ERRED IN REFUSING TO GIVE A CIRCUMSTANTIAL EVIDENCE CHARGE; Supreme Court, Delaware County, convicted defendant, upon a jury verdict, of manslaughter in the first degree; App. Div. affirmed.

MAZELLA v BEALS (122 AD3d 1358):
4th Dept. App. Div. order of 11/21/14; affirmance; leave to appeal granted by Court of Appeals, 3/31/15; PHYSICIANS AND SURGEONS - MALPRACTICE - WHETHER THE JURY VERDICT SHOULD HAVE BEEN SET ASIDE UPON THE GROUND THAT PLAINTIFF'S PROOF ON PROXIMATE CAUSE WAS LEGALLY INSUFFICIENT; EVIDENCE - WHETHER THE APPELLATE DIVISION CORRECTLY HELD THAT, EVEN IF THE TRIAL COURT ERRED IN ADMITTING INTO EVIDENCE A CONSENT AGREEMENT IN WHICH DEFENDANT ADMITTED CERTAIN CHARGES BROUGHT AGAINST DEFENDANT BY THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT, SUCH ERROR WAS HARMLESS; TRIAL - VERDICT - WHETHER THE TRIAL COURT'S FAILURE TO SUBMIT A SPECIAL VERDICT SHEET TO THE JURY WAS PREJUDICIAL AND REQUIRES A NEW TRIAL; Supreme Court, Onondaga County, as relevant here, awarded plaintiff money damages upon a jury verdict; App. Div. affirmed.

NELSON (JOEL), PEOPLE v (125 AD3d 58):
2nd Dept. App. Div. order of 12/24/14; affirmance with dissents; leave to appeal granted by Dickerson, J., 3/27/15; CRIMES - FAIR TRIAL - PHOTO OF DECEASED VICTIM DEPICTED ON FAMILY MEMBERS' T-SHIRTS DURING TRIAL - WHETHER DEFENDANT WAS DEPRIVED OF A FAIR TRIAL DUE TO THE ALLEGEDLY PREJUDICIAL CONDUCT BY SPECTATORS IN THE COURTROOM; WHETHER DEFENDANT WAS DEPRIVED OF THE EFFECTIVE ASSISTANCE OF TRIAL COUNSEL; WHETHER THE SENTENCING COURT VIOLATED DEFENDANT'S DUE PROCESS RIGHTS; Supreme Court, Kings County, convicted defendant of murder in the second degree and assault in the first degree, upon a jury verdict, and imposed sentence; App. Div. affirmed.

SERRANO (MARINO), PEOPLE v (45 Misc 3d 69):
App. Term, 2nd Dept.,2nd, 11th and 13th Judicial Districts order of 9/29/14; leave to appeal granted by Lippman, Ch.J., 3/27/15; CRIMES - APPEALS - ABSENCE OF DEFENDANT - INVOLUNTARY DEPORTATION - WHETHER THE APPELLATE DIVISION ERRED IN DISMISSING DEFENDANT'S APPEAL ON THE GROUND THAT HE HAD BEEN DEPORTED AND WAS NO LONGER AVAILABLE TO OBEY THE MANDATE OF THE COURT; Criminal Court of the City of New York, convicted defendant, upon his guilty plea, of driving while intoxicated and driving while ability impaired; App. Term granted the People's motion to dismiss defendant's appeal.

SOUBBOTIN, MATTER OF v COMMISSIONER OF LABOR (123 AD3d 1215):
3rd Dept. App. Div. order of 12/4/14; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; UNEMPLOYMENT INSURANCE - BENEFITS - TIMELINESS OF REQUEST FOR HEARING; App. Div. affirmed a decision of the Unemployment Insurance Appeal Board, which ruled that claimant's request for a hearing was untimely.

SPRINGER, MATTER OF v BOARD OF EDUCATION (121 AD3d 473):
1st Dept. App. Div. order of 10/9/14; affirmance; leave to appeal granted by App. Div., 3/24/15; SCHOOLS - TEACHERS - WITHDRAWAL OF RESIGNATION BY TENURED STAFF - WHETHER THE APPELLATE DIVISION ERRED IN HOLDING THAT PETITIONER FAILED TO COMPLY WITH THE PROCEDURE FOR WITHDRAWING HIS RESIGNATION AS A TENURED TEACHER, WHERE HE APPLIED AND WAS HIRED FOR A TEACHING POSITION UNDER HIS PRIOR LICENSE NUMBER AND AT THE SAME SALARY HE WAS PAID WHEN HE RESIGNED SEVERAL MONTHS EARLIER; ENTITLEMENT TO HEARING PURSUANT TO EDUCATION LAW § 3020-a; Supreme Court, New York County, denied the CPLR article 78 petition challenging respondent's termination of his employment as a teacher, and dismissed the proceeding; App. Div. affirmed.