Return to New Filings Page


For March 25, 2016 through March 31, 2016, the following preliminary appeal statements were filed:

FRUMUSA (LAWRENCE P.), PEOPLE v (134 AD3d 1503):
4th Dept. App. Div. order of 12/31/15; affirmance; leave to appeal granted by Lindley, J., 3/18/16; CRIMES - EVIDENCE - WHETHER THE TRIAL COURT ERRED IN ADMITTING INTO EVIDENCE A CIVIL CONTEMPT ORDER FINDING DEFENDANT'S BUSINESSES IN CONTEMPT FOR FAILING TO OBEY AN ORDER DIRECTING THEM TO TURN OVER ALL THE MONIES AT ISSUE IN THE GRAND LARCENY CHARGE AGAINST DEFENDANT - CONTEMPT ORDER PERTAINED TO DEFENDANT'S CONDUCT OCCURRING AFTER THE CHARGED CRIME, AS OPPOSED TO PRIOR BAD ACTS ADDRESSED IN PEOPLE v MOLINEUX (168 NY 264); WHETHER THE TRIAL COURT IMPROPERLY LIMITED DEFENDANT'S CROSS EXAMINATION OF A WITNESS; CLAIMED INEFFECTIVE ASSISTANCE OF COUNSEL; CLAIMED ABUSE OF TRIAL COURT'S DISCRETION IN DENYING DEFENDANT'S REQUEST FOR AN ADJOURNMENT OF SENTENCING TO GIVE NEWLY RETAINED COUNSEL TIME TO PREPARE; County Court, Monroe County, convicted defendant, upon a jury verdict, of grand larceny in the second degree; App. Div. affirmed.

LIPIN v HUNT (137 AD3d 518):
1st Dept. App. Div. order of 3/10/16; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; DISMISSAL AND NONSUIT - DISMISSAL OF COMPLAINT - RES JUDICATA - CLAIMS AGAINST VARIOUS PERSONS AND ENTITIES RELATED TO PLAINTIFF'S FATHER'S ESTATE; Supreme Court, New York County, among other things, granted defendants' motions to dismiss, denied plaintiff's motions for default judgments, imposed a permanent injunction on plaintiff enjoining her from commencing any actions in Supreme Court regarding her deceased father's estate without prior court approval, and denied plaintiff related relief; App. Div. affirmed.

ODDO v QUEENS VILLAGE COMMITTEE FOR MENTAL HEALTH FOR JAMAICA COMMUNITY ADOLESCENT PROGRAM, INC. (135 AD3d 211):
1st Dept. App. Div. order of 12/3/15; affirmance; leave to appeal granted by App. Div., 3/22/16; NEGLIGENCE - DUTY - SUBSTANCE ABUSE TREATMENT FACILITY - CRIMINAL ACTS COMMITTED BY RESIDENT OUTSIDE OF FACILITY - WHETHER DEFENDANT SUBSTANCE ABUSE TREATMENT FACILITY OWED A DUTY OF CARE TO A THIRD PARTY AGAINST WHOM A RESIDENT COMMITS A VIOLENT ACT AFTER THE RESIDENT'S TERMINATION FROM THE PROGRAM; Supreme Court, Bronx County, denied defendant's motion for summary judgment dismissing the complaint; App. Div. affirmed.