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For March 4, 2016 through March 10, 2016, the following preliminary appeal statements were filed:

TOWN OF AMHERST v GRANITE STATE INSURANCE COMPANY (129 AD3d 1657):
4th Dept. App. Div. order of 6/19/15; modification; leave to appeal granted by Court of Appeals, 2/23/16; ARBITRATION - AGREEMENT TO ARBITRATE - WHETHER THE APPELLATE DIVISION ERRED IN DETERMINING THAT IT WAS FOR THE ARBITRATOR, NOT THE COURT, TO DECIDE THE VALIDITY AND EFFECT OF A SUBSEQUENT AGREEMENT TO LITIGATE A CLAIM THAT WAS SUBJECT TO ARBITRATION UNDER THE TERMS OF THE PARTIES' INSURANCE POLICY; Supreme Court, Erie County, denied defendant's motion to compel arbitration and granted plaintiff's cross motion for a permanent stay of arbitration; App. Div. modified by granting defendant's motion to compel arbitration except insofar as it concerns defendant's counterclaim for equitable subrogation and denying plaintiff's cross motion to stay arbitration except insofar as it concerns that counterclaim, and affirmed the order as modified.

ANDERSON (TREVOR), PEOPLE v (130 AD3d 1055):
2nd Dept. App. Div. order of 7/29/15; affirmance; leave to appeal granted by Pigott, J., 2/25/16; CRIMES - PROOF OF PRIOR CONVICTIONS - INQUIRY INTO NATURE OF PRIOR CONVICTIONS - DISCRETION OF TRIAL COURT - WHETHER FOLLOWING A SANDOVAL HEARING, THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY ALLOWING THE PEOPLE TO INQUIRE ABOUT DEFENDANT'S PRIOR CONDUCT OF POSSESSING GUNS; WHETHER DEFENDANT WAS DEPRIVED OF THE EFFECTIVE ASSISTANCE OF TRIAL COUNSEL DUE TO COUNSEL'S ASSERTED FAILURE TO OBJECT TO THE PEOPLE'S POWERPOINT PRESENTATION DURING SUMMATION; Supreme Court, Kings County, convicted defendant, upon a jury verdict, of attempted murder in the second degree and criminal possession of a weapon in the second degree, and imposed sentence; App. Div. affirmed.

CARLSON v AMERICAN INTERNATIONAL GROUP, INC. (130 AD3d 1477; 130 AD3d 1479):
4th Dept. App. Div. orders of 7/2/15; modification and reversal; leave to appeal granted by Court of Appeals, 2/18/16; INSURANCE - DUTY TO DEFEND AND INDEMNIFY - WHETHER THE APPELLATE DIVISION ERRED IN HOLDING THAT THE INSURANCE POLICY WAS NOT "ISSUED OR DELIVERED" IN NEW YORK, THUS PRECLUDING PLAINTIFF FROM BRINGING SUIT AGAINST TORTFEASOR'S INSURANCE COMPANY UNDER INSURANCE LAW § 3420(a)(2); AUTOMOBILE INSURANCE - CARTAGE AGREEMENT BETWEEN DEFENDANT DHL EXPRESS (USA) AND DEFENDANT MVP DELIVERY AND LOGISTICS, INC. - WHETHER MVP VEHICLE DRIVEN BY TORTFEASOR DURING THE UNDERLYING MOTOR VEHICLE ACCIDENT WAS A VEHICLE "HIRED" BY DHL AND THUS COVERED UNDER ITS AUTOMOBILE INSURANCE; Supreme Court, Niagara County, as relevant here, denied the cross motion of defendant American Alternative Insurance Co. to dismiss the first cause of action against it (12/4/12 order); thereafter, the same court, among other things, denied in part the motion of defendants American International Group, Inc, AIG Domestic Claims, Inc., and National Union Fire Insurance Company of Pittsburgh, PA, and the cross motion of defendant American Alternative Insurance Co., to dismiss the complaint (6/25/14 order); App. Div. reversed the 12/4/12 order, granted defendant American Alternative Insurance Co.'s cross motion in part, and dismissed the first cause of action against that defendant; in a separate order, App. Div. modified the 6/25/14 order by granting the motion and cross motion in their entirety and dismissing the complaint, and affirmed the order as modified.

ENRIQUEZ, MATTER OF v DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT OF THE CITY OF NEW YORK (129 AD3d 405):
1st Dept. App. Div. order of 6/2/15; reversal; leave to appeal granted by Court of Appeals, 2/18/16; LIENS - MECHANIC'S LIENS - VACATUR OR DISCHARGE - LIEN FOR LIVING EXPENSES OF RELOCATED TENANTS - WHETHER A COURT MAY SUMMARILY DETERMINE IF ASSERTEDLY UNREASONABLE CLAIMED EXPENSES RENDERED A LIEN FACIALLY INVALID, OR WHETHER A FORECLOSURE TRIAL IS REQUIRED; Supreme Court, Bronx County, denied petitioner's application to summarily discharge a lien for relocation expenses filed by respondent Department of Housing Preservation and Development (DHPD), and granted DHPD's cross motion to dismiss the proceeding; App. Div. reversed, granted the petition for summary discharge, and denied the cross motion to dismiss the proceeding.

MASON (LANZE R.), PEOPLE v (132 AD3d 777):
2nd Dept. App. Div. order of 10/14/15; affirmance; leave to appeal granted by Fahey, J., 2/24/16; CRIMES - INSTRUCTIONS - DEFENSE OF JUSTIFICATION - WHETHER THE TRIAL COURT PROPERLY DETERMINED, IN DENYING DEFENDANT'S REQUEST FOR A JUSTIFICATION CHARGE, THAT DEFENDANT USED DEADLY PHYSICAL FORCE WHEN HE STRUCK THE COMPLAINANT IN THE FACE WITH A GLASS BOTTLE; JURORS - SELECTION OF JURY - PROPRIETY OF COURT'S COMMENT THAT ANY PROSPECTIVE JUROR WHO WAS EXCUSED BASED ON HIS OR HER DIFFICULTY WITH THE ENGLISH LANGUAGE WOULD BE REQUIRED TO TAKE A COURSE IN ENGLISH - CLAIMED MODE OF PROCEEDINGS ERROR; Supreme Court, Queens County, convicted defendant, upon a jury verdict, of assault in the second degree and criminal possession of a weapon in the fourth degree, and imposed sentence; App. Div. affirmed.

SLOCUM (MATTHEW A.), PEOPLE v (133 AD3d 972):
3rd Dept. App. Div. order of 11/12/15; reversal; leave to appeal granted by Fahey, J., 3/2/16; CRIMES - CONFESSION - STATEMENTS MADE TO POLICE ON THE NIGHT OF DEFENDANT'S ARREST - WHETHER DEFENDANT UNEQUIVOCALLY INVOKED HIS RIGHT TO COUNSEL BEFORE BEING QUESTIONED BY POLICE - IF NOT, WHETHER POLICE WERE REQUIRED TO MAKE A FURTHER INQUIRY INTO DEFENDANT'S DESIRE TO HAVE COUNSEL REPRESENT HIM BEFORE QUESTIONING DEFENDANT ABOUT THE CRIMES - WHETHER STATEMENTS DEFENDANT MADE TO SOCIAL SERVICES CASEWORKER AFTER DEFENDANT'S RIGHT TO COUNSEL ATTACHED SHOULD HAVE BEEN SUPPRESSED UPON THE GROUND THAT THE CASE WORKER WAS ACTING AS AN AGENT OF LAW ENFORCEMENT - ASSUMING ALL OF DEFENDANT'S STATEMENTS SHOULD HAVE BEEN SUPPRESSED, WHETHER THE ERROR IN ADMITTING THEM WAS HARMLESS AS TO DEFENDANT'S ARSON CONVICTION; County Court, Washington County, convicted defendant, upon a jury verdict, of three counts of murder in the second degree, arson in the third degree, tampering with physical evidence, petit larceny and criminal possession of a weapon in the third degree; App. Div. reversed, granted that part of defendant's motion to suppress statements made after he invoked his right to counsel as set forth in the court's opinion, and remitted the matter to Washington County Court for further proceedings not inconsistent with the court's decision.

SPENCER (DARRELL), PEOPLE v (135 AD3d 608):
1st Dept. App. Div. order of 1/26/16; affirmance; leave to appeal granted by Tom, J., 3/3/16; CRIMES - JURORS - QUALIFICATION INQUIRY - WHETHER THE TRIAL COURT ERRED IN REFUSING TO GRANT A MISTRIAL WHEN, ON THE FOURTH DAY OF DELIBERATIONS, AFTER DISCHARGE OF THE ALTERNATE JURORS, JUROR NUMBER ONE STATED THAT SHE COULD NOT "SEPARATE [HER] EMOTIONS FROM THE CASE" AND "D[ID NOT] HAVE IT IN [HER]" TO DECIDE THE CASE ON THE FACTS AND LAW; JURY INSTRUCTIONS - INTOXICATION CHARGE - PURPOSEFUL BEHAVIOR - WHETHER THE TRIAL COURT ERRED IN REFUSING TO GIVE AN INTOXICATION CHARGE IN LIGHT OF DEFENDANT'S PURPOSEFUL ATTEMPT TO CONCEAL THE DEATH OF THE VICTIM; SEARCH AND SEIZURE - KNOWINGLY AND VOLUNTARILY EXITING APARTMENT - WHETHER DEFENDANT'S WARRANTLESS ARREST WAS UNLAWFUL UNDER PAYTON v NEW YORK (445 US 573 [1980]); Supreme Court, Bronx County, convicted defendant, after a jury trial, of manslaughter in the first degree, and sentenced him to a 25-year term of imprisonment; App. Div. affirmed.

VALENTIN (JOSE), PEOPLE v (132 AD3d 499):
1st Dept. App. Div. order of 10/15/15; affirmance; leave to appeal granted by Fahey, J., 2/23/16; CRIMES - AGENCY DEFENSE IN NARCOTICS PROSECUTION - RIGHT OF REBUTTAL - WHETHER THE PEOPLE ARE PERMITTED TO INTRODUCE EVIDENCE OF A PRIOR CONVICTION WHEN A DEFENDANT ASSERTS AN AGENCY DEFENSE BY ADOPTING PORTIONS OF THE PEOPLE'S EVIDENCE THAT SUPPORT THAT DEFENSE, RATHER THAN BY TESTIFYING OR OTHERWISE ELICITING EVIDENCE FROM DEFENSE WITNESSES; WHETHER DEFENDANT WAS DEPRIVED OF THE EFFECTIVE ASSISTANCE OF TRIAL COUNSEL; Supreme Court, New York County, convicted defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentenced him, as a second felony drug offender, to a term of four years; App. Div. affirmed.

For March 11, 2016 through March 17, 2016, the following preliminary appeal statements were filed:

HONGHIRUN (NIRUN), PEOPLE v (133 AD3d 882):
2nd Dept. App. Div. order of 11/25/15; affirmance; leave to appeal granted by Fahey, J., 3/3/16; CRIMES - RIGHT TO COUNSEL - EFFECTIVE REPRESENTATION - WHETHER DEFENSE COUNSEL WAS INEFFECTIVE FOR FAILING TO SEEK AN IN LIMINE RULING PRECLUDING DELAYED DISCLOSURE EVIDENCE, OR OBJECTING TO ITS ADMISSION INTO EVIDENCE UNDER THE PROMPT OUTCRY EXCEPTION TO THE HEARSAY RULE, AND ELICITING ON CROSS EXAMINATION DETAILS BOLSTERING COMPLAINANT'S CLAIMS; Supreme Court, Queens County, convicted defendant, upon a jury verdict, of course of sexual conduct against a child in the first degree and imposed sentence; App. Div. affirmed.

MATSEN, MATTER OF v NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES (134 AD3d 1283):
3rd Dept. App. Div. order of 12/10/15; affirmance; leave to appeal granted by App. Div., 3/1/16; ADMINISTRATIVE LAW - DELEGATION OF LEGISLATIVE POWER - VALIDITY OF REGULATION - REGULATION GOVERNING TREATMENT OF RELICENSING OF PERSONS WITH MULTIPLE ALCOHOL OR DRUG-RELATED DRIVING OFFENSES AND ONE OR MORE "SERIOUS DRIVING OFFENSES" (15 NYCRR 136.5) - WHETHER 15 NYCRR 136.5(a)(2) ARBITRARILY DESIGNATES A "CONVICTION OF TWO OR MORE VIOLATIONS FOR WHICH FIVE OR MORE POINTS ARE ASSESSED ON A VIOLATOR'S DRIVING RECORD" TO BE A SERIOUS DRIVING OFFENSE - CHALLENGE TO REGULATION AS VIOLATING THE SEPARATION OF POWERS DOCTRINE, ULTRA VIRES, CONFLICTING WITH EXISTING STATUTES, VIOLATING THE EX POST FACTO CLAUSE, ARBITRARY AND CAPRICIOUS, AND EFFECTING AN EXCESSIVE PENALTY AS APPLIED TO PETITIONER; Supreme Court, Albany County, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, among other things, granted respondents' motion for summary judgment dismissing the petition/complaint; App. Div. affirmed.

PARKER (LAWRENCE), PEOPLE v (135 AD3d 52):
1st Dept. App. Div. order of 11/5/15; affirmance; leave to appeal granted by Manzanet-Daniels, J.; Rule 500.11 review pending; CRIMES - UNLAWFUL SEARCH AND SEIZURE - WHETHER THE RECORD SUPPORTS THE CONCLUSION THAT DEFENDANT ACTIVELY FLED FROM POLICE, THUS ELEVATING THE LEVEL OF SUSPICION UNDER PEOPLE v DE BOUR (40 NY2d 210) TO REASONABLE SUSPICION; Supreme Court, Bronx County, convicted defendant of robbery in the second degree, and sentenced him, as a persistent violent felony offender, to a term of 20 years to life; App. Div. affirmed.

For March 18, 2016 through March 24, 2016, the following preliminary appeal statements were filed:

ESTEE LAUDER, INC. v OneBEACON INSURANCE GROUP, LLC (130 AD3d 497):
1st Dept. App. Div. order of 7/9/15; reversal; leave to appeal granted by App. Div., 2/16/16; Rule 500.11 review pending; INSURANCE - DISCLAIMER OF COVERAGE - WAIVER OF RIGHT TO ASSERT AFFIRMATIVE DEFENSE OF LATE NOTICE WHERE INSURER FAILS TO RAISE LATE NOTICE IN LETTER OF DISCLAIMER - APPLICATION OF KEYSPAN GAS EAST CORP. v MUNICH REINSURANCE AM., INC.(23 NY3d 583 [2014]) TO WAIVER ISSUE; LAW OF THE CASE; Supreme Court, New York County, among other things, granted defendants' motion for leave to amend their answer to reassert an affirmative defense of late notice; App. Div. reversed and denied defendants' motion for leave to amend their answer.

FABBRICANTE, MATTER OF v FABBRICANTE (2016 NY Slip Op 60729[U]):
2nd Dept. App. Div. order of 1/11/16; denial of application; 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; PARENT, CHILD AND FAMILY - CUSTODY - WHETHER THE APPELLATE DIVISION PROPERLY DENIED PETITIONER'S APPLICATION FOR A WRIT OF HABEAS CORPUS; CLAIMED CONSTITUTIONAL VIOLATIONS; App. Div. granted that branch of petitioner's application that sought poor person relief to the extent that it waived the filing fee, otherwise denied his request for poor person relief as academic, and denied the branch of his application that was for a writ of habeas corpus.

JAMES, MATTER OF v NEW YORK STATE BOARD OF PAROLE (136 AD3d 1089):
3rd Dept. App. Div. order of 2/4/16; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; PROCEEDING AGAINST BODY OR OFFICER - CERTIORARI - CPLR ARTICLE 78 PROCEEDING CHALLENGING A DETERMINATION OF THE BOARD OF PAROLE DENYING HIS REQUEST FOR PAROLE RELEASE - WHETHER THE PAROLE BOARD COMPLIED WITH THE STATUTORY REQUIREMENTS SET FORTH IN EXECUTIVE LAW § 259-i; CLAIMED DUE PROCESS VIOLATIONS; Supreme Court, Sullivan County, dismissed petitioner's CPLR article 78 petition to review respondent's determination denying petitioner's request for parole release; App. Div. affirmed.

PS 157 LOFTS, LLC v AUSTIN:
Civil Court of the City of New York order of 2/18/16; grant of motion; sua sponte examination whether the order appealed from finally determines the proceeding within the meaning of the Constitution and whether the only question involved on the appeal is the constitutional validity of a statutory provision (CPLR 5601[b][2]); MOTIONS AND ORDERS - CHALLENGE TO CIVIL COURT ORDER DETERMINING THAT WARRANT OF EVICTION MAY BE RE-EXECUTED AND GRANTING PETITIONER'S MOTION TO RENEW A PRIOR MOTION FOR USE AND OCCUPANCY TO THE EXTENT OF SCHEDULING A HEARING TO DETERMINE THE FAIR MARKET USE AND OCCUPANCY OF THE SUBJECT PREMISES - CLAIM THAT THE GRANT OF SUMMARY JUDGMENT TO PETITIONERS PURSUANT TO CPLR 3212 DEPRIVED RESPONDENTS OF THEIR CONSTITUTIONAL RIGHT TO A TRIAL BY JURY; Civil Court of the City of New York granted petitioner's motion and determined that the warrant of eviction may be re- executed, but stayed execution until March 31, 2016 to allow respondents to vacate, and directed that, upon failure to vacate the warrant may execute after re-service of a marshal's notice, and granted petitioner's motion to renew a prior motion for use and occupancy to the extent of setting the matter down for a hearing to determine the fair market use and occupancy of the subject premises.

MENDEZ, MATTER OF v NEW YORK CITY DEPARTMENT OF EDUCATION (132 AD3d 533):
1st Dept. App. Div. order of 10/20/15; modification; leave to appeal granted by App. Div., 2/23/16; SCHOOLS - TEACHERS - PERFORMANCE REVIEW - WHETHER THE APPELLATE DIVISION ERRED IN ANNULLING THE TERMINATION OF A PROBATIONARY TEACHER'S EMPLOYMENT BASED UPON THE COURT'S CONCLUSION THAT TEACHER'S UNSATISFACTORY RATING ON PERFORMANCE REVIEW LACKED A RATIONAL BASIS; Supreme Court, New York County, granted respondents' cross motion to dismiss the petition to annul two unsatisfactory ratings for the summer of 2011 and the 2011-2012 school year, to annul respondents' determination to terminate petitioner's probationary employment, and to reinstate her to the position of probationary teacher, and dismissed the CPLR article 78 proceeding; App. Div. modified to annul petitioner's termination, to annul the summer 2011 unsatisfactory rating, to remand the matter to the New York City Department of Education for completion of its final review and recommendation consistent with the Appellate Division's memorandum, and otherwise affirmed.

PERKINS v BARRY (2015 NY Slip Op 92387[U]):
2nd Dept. App. Div. order of 12/3/15; dismissal of appeal; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; APPEAL - APPELLATE DIVISION - DISMISSAL OF APPEAL - CLAIMED DENIAL OF DUE PROCESS; Supreme Court, Kings County, confirmed a referee's report; set forth the date, time and terms of the foreclosure sale; determined that if the proceeds of the sale were insufficient to cover the debt that plaintiffs could apply for a deficiency judgment; and directed that the referee transfer title to the winning bidder within 45 days without further court order; App. Div. denied defendant's motion for leave to appeal to the Court of Appeals from an 8/3/15 Appellate Division order and, on its own motion, dismissed the appeal from the Supreme Court amended judgment for failure to timely perfect it in accordance with its rules and prior order of the court.

WASHINGTON, PEOPLE ex rel. v GERBING:
1st Dept. App. Div. order of 12/29/15; denial of writ of habeas corpus; 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; HABEAS CORPUS - AVAILABILITY OF RELIEF; CLAIMED VIOLATION OF CONSTITUTIONAL RIGHTS - ACTUAL INNOCENCE DEFENSE - SUFFICIENCY OF THE EVIDENCE TO SUPPORT CONVICTION OF A CRIME; App. Div. denied petitioner's motion for a writ of habeas corpus, poor person relief and assignment of counsel.

WHITEHEAD v STATE OF NEW YORK (2016 NY Slip Op 60898[U]):
2nd Dept. App. Div. order of 1/12/16; denial of motion; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; APPEAL - CHALLENGE TO APPELLATE DIVISION ORDER THAT, AMONG OTHER THINGS, DENIED APPELLANT'S RENEWED MOTION, IN EFFECT, TO WAIVE PAYMENT OF THE FILING FEE AND FOR FREE TRANSCRIPTS ON AN APPEAL FROM A COURT OF CLAIMS ORDER GRANTING THE STATE'S MOTION TO DISMISS APPELLANT'S CLAIM AS UNTIMELY; App. Div. (1) denied the pro se appellant's renewed motion, in effect to waive payment of the filing fee and for free transcripts on an appeal from an order of the Court of Claims dated April 29, 2014, which granted the State's motion to dismiss appellant's claim as untimely, (2) enlarged appellant's time to perfect the appeal until March 14, 2016, and (3) stated that no further enlargement of time shall be granted.