Return to New Filings Page


For March 24, 2017 through March 30, 2017, the following preliminary appeal statements were filed:

HARRIS (WILLIAM), PEOPLE v (53 Misc 3d 153(A)):
App. Term 2nd Dept., 2nd, 11th & 13th Judicial Districts. order of 11/28/16; affirmance; leave to appeal granted by Fahey, J., 3/13/17; Crimes--Right to Counsel--Whether the trial court's refusal to allow summations at the conclusion of a bench trial in a local criminal court deprived defendant of his constitutional right to the assistance of counsel; constitutionality of CPL 350.10(3)(c); Criminal Court of the City of New York, Kings County, convicted defendant of attempted criminal possession of a controlled substance in the seventh degree and imposed sentence; App. Term affirmed.

SILBURN (SPENCE), PEOPLE v (145 AD3d 799):
2nd Dept. App. Div. order of 12/14/16; affirmance; leave to appeal granted by Stein, J., 3/20/17; Crimes--Right to representation pro se--Whether defendant unequivocally invoked his right to proceed pro se--request to proceed pro se with standby counsel; notice of defendant's intent to present psychiatric evidence solely to aid jury in determining whether post-Miranda statements to police were knowing and voluntary--CPL 250.10; Supreme Court, Kings County, convicted defendant, upon a jury verdict, of criminal possession of a weapon in the second degree, aggravated unlicensed operation of a motor vehicle in the third degree and unlicensed operation of a motor vehicle, and imposed sentence; App. Div. affirmed.

For March 31, 2017 through April 6, 2017, the following preliminary appeal statements were filed:

ALTMAN v 285 WEST FOURTH LLC (143 AD3d 415):
1st Dept. App. Div. order of 10/4/16; affirmance; leave to appeal granted by Court of Appeals, 3/30/17; Landlord and Tenant--Rent Regulation--Whether the Appellate Division erred in concluding that defendant's entitlement to a vacancy increase following the departure of the prior tenant of record did not effectuate a deregulation of the apartment under Rent Stabilization Law § 26-504.2; Supreme Court, New York County, among other things, awarded plaintiff damages for rent overcharges, including treble damages and prejudgment interest, and set the legal rent at $1,829.49 until the apartment is properly registered with the New York State Division of Housing and Community Renewal; App. Div. affirmed.

ANONYMOUS, MATTER OF v MOLIK (141 AD3d 162):
3rd Dept. App. Div. order of 6/2/16; annulled determination; leave to appeal granted by Court of Appeals, 3/23/17; Proceeding Against Body or Officer--Certiorari-- CPLR article 78 proceeding to review respondent's determination denying petitioner intermediate health care facility's request to amend and seal the New York State Justice Center for the Protection of People with Special Needs' substantiated allegation of neglect against petitioner made pursuant to Social Services Law § 493--whether Social Services Law § 493 authorizes the Justice Center to substantiate a finding of neglect against a facility where the Justice Center determines that systemic conditions at the facility gave rise to an incident of neglect but the employees identified as the subjects of the initial report alleging neglect bear no individual responsibility for the incident; whether the Appellate Division erred in granting petitioner anonymity and so amending the caption of the proceeding; Supreme Court, Schenectady County, transferred the proceeding to the App. Div.; App. Div. annulled respondent's determination denying petitioner's request to amend and seal a report of neglect, granted the petition and remitted the matter to respondent Justice Center for further proceedings not inconsistent with the court's decision.

DIAZ, MATTER OF v VANCE (147 AD3d 428):
1st Dept. App. Div. judgment of 2/2/17; dismissal of petition; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right and whether any other basis exists to support an appeal as of right; Proceeding against Body or Officer--Prohibition--Claimed equal protection, due process and double jeopardy violations; App. Div. denied the application pursuant to CPLR article 78 and dismissed the petition.

MARINO, MATTER OF v ANNUCCI (146 AD3d 1241):
3rd Dept. App. Div. order of 1/16/17; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Proceeding Against Body or Officer--Dismissal of petition--Proceeding challenging multiple determinations denying various grievances filed by petitioner and requests for information filed under the Freedom of Information Law--delay in service on respondent resulting in lack of personal jurisdiction--claimed due process violations; Supreme Court, Albany County, in a proceeding pursuant to CPLR article 78, granted respondent's motion to dismiss the petition; App. Div. affirmed.