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For March 22, 2013 through March 28, 2013, the following preliminary appeal statements were filed:

DALE, MATTER OF v BURNS (103 AD3d 1243):
4th Dept. App. Div. order of 2/8/13; dismissal of petition; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; PROCEEDING AGAINST BODY OR OFFICER - PROHIBITION - CPLR ARTICLE 78 PROCEEDING SEEKING DISMISSAL OF AN INDICTMENT ON DOUBLE JEOPARDY GROUNDS, TRANSFER OF THE PROCEEDING TO ANOTHER TRIBUNAL OR RECUSAL OF CERTAIN JUSTICES OF THE APPELLATE DIVISION, AND A STAY; App. Div. dismissed a CPLR article 78 proceeding seeking, among other things, dismissal of the indictment in a criminal matter as to which petitioner had been convicted and sentenced and had filed a notice of appeal.

LANG, MATTER OF v KELLY (101 AD3d 561):
1st Dept. App. Div. order of 12/20/12; affirmance; leave to appeal granted by App. Div., 3/5/13; Rule 500.11 review pending; CIVIL SERVICE - RETIREMENT AND PENSION BENEFITS - ACCIDENTAL DISABILITY RETIREMENT - TRIP AND FALL OVER COMPUTER WIRES - WHETHER THE APPELLATE DIVISION ERRED IN HOLDING THAT PETITIONER FAILED TO DEMONSTRATE AS A MATTER OF LAW THAT HER INJURY WAS THE RESULT OF AN ACCIDENT, RATHER THAN A MISSTEP DURING THE ROUTINE PERFORMANCE OF HER JOB; Supreme Court, New York County denied the petition to annul respondents' denial, by virtue of a tie vote of respondent Board of Trustees, of petitioner's application for accidental disability retirement benefits, and dismissed the CPLR article 78 proceeding; App. Div. affirmed.

METROPOLITAN TRANSPORTATION AUTHORITY, MATTER OF (WASHED AGGREGATE RESOURCES, INC.) (102 AD3d 787):
2nd Dept. App. Div. order of 1/16/13; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; EMINENT DOMAIN - VALUATION - COMPARABLE SALES METHOD VERSUS INCOME-BASED ANALYSIS - SAND AND GRAVEL QUARRY - CONSEQUENTIAL DAMAGES BASED ON DIMINISHED ACCESS; VALUE OF MINERAL RESOURCES; Supreme Court, Dutchess County, among other things, awarded claimant the sum of $65,000 in direct damages and $435,000 in consequential damages; App. Div. affirmed.

NEW YORK HOSPITAL MEDICAL CENTER OF QUEENS v MICROTECH CONTRACTING CORP. (98 AD3d 1096):
2nd Dept. App. Div. order of 9/26/12; affirmance; leave to appeal granted by App. Div., 3/13/13; WORKERS' COMPENSATION - EXCLUSIVENESS OF REMEDY; STATUTES - FEDERAL PREEMPTION - EFFECT OF IMMIGRATION REFORM AND CONTROL ACT (IRCA) ON WORKERS' COMPENSATION LAW - INJURED UNDOCUMENTED WORKERS - WHETHER AN EMPLOYER'S VIOLATION OF IRCA PRECLUDES IT FROM INVOKING THE WORKERS' COMPENSATION LAW'S EXCLUSIVITY PROVISION AS A DEFENSE TO A LANDOWNER'S CLAIMS FOR CONTRIBUTION AND INDEMNIFICATION ARISING FROM THE LANDOWNER'S LIABILITY TO THE EMPLOYER'S INJURED UNDOCUMENTED WORKERS; Supreme Court, Suffolk County, among other things, granted that branch of defendant's motion which was to dismiss the complaint pursuant to CPLR 3211(a)(7); App. Div. affirmed.

STATE OF NEW YORK, MATTER OF v WILLIAM W. (103 AD3d 521):
1st Dept. App. Div. order of 2/21/13; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; MENTAL HEALTH - PROCEEDING BY STATE OF NEW YORK SEEKING AN ORDER AUTHORIZING RESPONDENT'S CIVIL MANAGEMENT PURSUANT TO MENTAL HYGIENE LAW ARTICLE 10 - CONFINEMENT OF SEX OFFENDER IN SECURE FACILITY AFTER SERVICE OF PRISON TIME - WHETHER APPELLATE DIVISION PROPERLY WEIGHED CONFLICTING EVIDENCE; CLAIMED DENIAL OF DUE PROCESS; Supreme Court, Bronx County, upon a jury verdict that respondent suffers from a mental abnormality, determined that respondent is a dangerous sex offender requiring confinement; App. Div. affirmed.

For March 29, 2013 through April 4, 2013, the following preliminary appeal statements were filed:

ALLEN B., MATTER OF v SPROAT (100 AD3d 989):
2nd Dept. App. Div. judgment of 11/28/12; leave to appeal granted by App. Div., 3/6/13; PROCEEDING AGAINST BODY OR OFFICER - PROHIBITION - PROVISION IN AMENDED ORDER OF CONDITIONS DIRECTING THAT, SHOULD PETITIONER FAIL TO COMPLY WITH ANY OF THE OTHER CONDITIONS IMPOSED IN THE AMENDED ORDER "AND REFUSE TO APPEAR FOR OR COMPLY WITH A PSYCHIATRIC EXAMINATION," THE COMMISSIONER OF THE NEW YORK STATE OFFICE OF MENTAL HEALTH "SHALL APPLY TO THE COURT FOR A TEMPORARY CONFINEMENT ORDER FOR THE PURPOSE OF CONDUCTING AN EFFECTIVE PSYCHIATRIC EXAMINATION IN A SECURE FACILITY" - WHETHER THAT PROVISION WAS IN EXCESS OF TRIAL JUDGE'S AUTHORITY; App. Div. (1) granted a CPLR article 78 petition in the nature of a writ of prohibition to prohibit enforcement of a provision of an amended order of conditions of the Supreme Court, Dutchess County, which directed that should petitioner fail to comply with any of the other conditions imposed in that amended order "and refuse to appear for or comply with a psychiatric examination," the Commissioner of the New York State Office of Mental Health "shall apply to the court for a Temporary Confinement Order for the purpose of conducting an effective psychiatric examination in a secure facility," and (2) prohibiting respondents from enforcing or taking action to enforce that provision of the amended order.

LEWIS (ANTHONY), PEOPLE v (102 AD3d 505):
1st Dept. App. Div. order of 1/17/13; affirmance; leave to appeal granted by Graffeo, J., 3/28/13; CRIMES - UNLAWFUL SEARCH AND SEIZURE - INSTALLATION OF GLOBAL POSITIONING SYSTEM DEVICE ON VEHICLE WITHOUT WARRANT - ALLEGED VIOLATION OF STATE AND FEDERAL CONSTITUTIONS - HARMLESS ERROR; INSTRUCTIONS - VERDICT SHEET - WHETHER VERDICT SHEET VIOLATED CPL 310.20(2) BY LISTING STORES WHERE CREDIT CARD FRAUDS OCCURRED, RATHER THAN THE BANK AND CARDHOLDER VICTIMS, WITH RESPECT TO CERTAIN COUNTS; STANDARD OF REVIEW - WHETHER THE APPELLATE DIVISION USED THE WRONG STANDARD IN DETERMINING THAT DEFENDANT'S GRAND LARCENY CONVICTIONS WERE NOT AGAINST THE WEIGHT OF THE EVIDENCE; EXPERT WITNESS - DENIAL OF VOICE IDENTIFICATION EXPERT; SENTENCE - ALLEGED DUE PROCESS VIOLATIONS; Supreme Court, New York County convicted defendant, after a jury trial, of two counts of grand larceny in the third degree, three counts of grand larceny in the fourth degree, eight counts of criminal possession of a forged instrument in the second degree, five counts of identity theft in the first degree, scheme to defraud in the first degree and criminal possession of forgery devices, and sentenced him to an aggregate term of 9 1/3 to 28 years; App. Div. affirmed.

PALLADINO v CNY CENTRO, INC. (101 AD3d 1653):
4th Dept. App. Div. order of 12/21/12; reversal; leave to appeal granted by Court of Appeals, 3/21/13; LABOR UNIONS - ACTION AGAINST UNION - IN AN ACTION AGAINST AN UNINCORPORATED LABOR ORGANIZATION FOR BREACH OF THE DUTY OF FAIR REPRESENTATION, WHETHER MARTIN v CURRAN (303 NY 276 [1951]) REQUIRES A PLAINTIFF TO PLEAD AND PROVE THAT ALL MEMBERS OF THE UNINCORPORATED LABOR ORGANIZATION UNANIMOUSLY AUTHORIZED OR RATIFIED THE ALLEGED WRONGFUL CONDUCT - APPLICABILITY OF MADDEN v AIKENS (4 NY2d 283 [1958]); Supreme Court, Onondaga County denied in part defendants' motions for summary judgment; App. Div. reversed, granted defendants' motions for summary judgment in their entirety and dismissed the amended complaints.

ROBERT T., MATTER OF v SPROAT (102 AD3d 176):
2nd Dept. App. Div. judgment of 11/28/12; leave to appeal granted by App. Div., 3/6/13; PROCEEDING AGAINST BODY OR OFFICER - PROHIBITION - PROVISION IN AMENDED ORDER OF CONDITIONS DIRECTING THAT, SHOULD PETITIONER FAIL TO COMPLY WITH ANY OF THE OTHER CONDITIONS IMPOSED IN THE AMENDED ORDER "AND REFUSE TO APPEAR FOR OR COMPLY WITH A PSYCHIATRIC EXAMINATION," THE COMMISSIONER OF THE NEW YORK STATE OFFICE OF MENTAL HEALTH "SHALL APPLY TO THE COURT FOR A TEMPORARY CONFINEMENT ORDER FOR THE PURPOSE OF CONDUCTING AN EFFECTIVE PSYCHIATRIC EXAMINATION IN A SECURE FACILITY" - WHETHER THAT PROVISION WAS IN EXCESS OF TRIAL JUDGE'S AUTHORITY; App. Div. (1) granted a CPLR article 78 petition in the nature of a writ of prohibition to prohibit enforcement of a provision of an amended order of conditions of the Supreme Court, Dutchess County, which directed that should petitioner fail to comply with any of the other conditions imposed in that amended order "and refuse to appear for or comply with a psychiatric examination," the Commissioner of the New York State Office of Mental Health "shall apply to the court for a Temporary Confinement Order for the purpose of conducting an effective psychiatric examination in a secure facility," and (2) prohibiting respondents from enforcing or taking action to enforce that provision of the amended order.