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For March 8 through March 14, 2019, the following preliminary appeal statements were filed:

AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY v ALLIED CAPITAL CORPORATION (167 AD3d 142):
1st Dept. App. Div. order of 10/25/18; reversal; leave to appeal granted by App. Div., 2/18/19; Arbitration--Award in Excess of Arbitrator's Powers--Whether the arbitration panel exceeded its authority when it reconsidered the partial final award it had previously issued--common law doctrine of functus officio; arbitration proceeding arising out of litigation involving an insurance claim payment; summary judgment; Supreme Court, New York County, denied the petition to vacate a corrected partial final arbitration award dated 8/18/16 and a final arbitration award dated 4/6/17 and to confirm a partial final arbitration award dated 3/18/16; App. Div. reversed, granted the petition, vacated the arbitration awards dated 8/18/16 and 4/6/17, and confirmed the partial final award date 3/8/16.

BALGOBIN v STATE OF NEW YORK (168 AD3d 1158):
3rd Dept. App. Div. order of 1/3/19; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right and whether any jurisdictional basis exists for an appeal as of right; State--Claim Against State--Court of Claims--Claim seeking $1,500 per week for life in satisfaction of instant scratch-off lottery ticket; lotteries; summary judgment; Court of Claims, among other things, granted defendant's motion for summary judgment dismissing the claim; App. Div. affirmed.

LONEY (JAVON), PEOPLE v (164 AD3d 523):
2nd Dept. App. Div. order of 8/1/18; modification; leave to appeal granted by Wilson, J., 3/1/19; Crimes--Possession of Weapon--Whether trial court erred in declining defendant's request to instruct the jury that voluntariness is an element of the charged criminal possession of a weapon; suppression of physical evidence-- whether trial court erred in denying defendant's motion to suppress firearm and marihuana evidence found when police entered apartment where defendant's blood trail lead; alleged prosecutorial misconduct in summation to jury; Supreme Court, Kings County, convicted defendant, upon a jury verdict, of criminal possession of a weapon in the third degree and unlawful possession of marihuana, and imposed sentence after denying defendant's application for youthful offender status; App. Div. modified by vacating the sentence imposed, and remitted the matter to Supreme Court for a new determination of defendant's application for youthful offender status and resentencing.

NAPPI v COMMUNITY ACCESS, INC. (169 AD3d 535):
1st Dept. App. Div. order of 2/19/19; modification; sua sponte examination of whether a substantial constitutional question is directly involved to support the appeal taken as of right; Landlord and Tenant--Eviction--Whether plaintiff subtenant had established right to rent apartment; whether plaintiff's sublease was properly terminated; alleged constitutional violations; Supreme Court, New York County, granted defendant's cross motion to dismiss the complaint; App. Div. modified to declare that plaintiff does not have individual rights to the subject apartment and otherwise affirmed.

PETTUS, MATTER OF v BOARD OF DIRECTORS (169 AD3d 524):
1st Dept. App. Div. order of 2/19/19; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right and whether any jurisdictional basis exists for an appeal as of right; Condominiums and Cooperatives--Common Charges and Special Assessments--Proceeding to challenge cooperative board's determination to increase maintenance fees; Supreme Court, Bronx County, struck the note of issue and dismissed with prejudice the CPLR article 78 proceeding to annual respondent coop board's 12/9/14 determination increasing coop maintenance by 9 percent; App. Div. affirmed.

WHITE, MATTER OF v ANNUCCI (168 AD3d 1340):
3rd Dept. App. Div. judgment of 1/31/19; confirmation of determination; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Prisons and Prisoners--Discipline of Inmates--Claimed due process violations with regard to a tier III disciplinary hearing involving a charge of violating facility correspondence procedures; Supreme Court, Sullivan County, transferred the proceeding to the Appellate Division, Third Department.; App. Div. confirmed respondent Commissioner's determination finding petitioner guilty of violating a prison disciplinary rule, and dismissed the petition.

For March 15 through March 21, 2019, the following preliminary appeal statements were filed:

CUNNINGHAM v TRUSTEES OF ST. PATRICK'S CATHEDRAL (— AD3d —, 2019 NY Slip Op 01510):
1st Dept. App. Div. order of 3/5/19; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Dead Bodies--Disinterment--Whether Supreme Court properly determined that good and substantial reasons existed to disinter Archbishop's remains, interred in a crypt in St. Patrick's Cathedral in New York City, and transfer them to St. Mary's Cathedral in Peoria, Illinois; alleged violation of the Religious Liberty clause and Free Exercise clause of the First Amendment; Supreme Court, New York County, granted the petition for permission to remove the remains of Archbishop Fulton J. Sheen from St. Patrick's Cathedral in New York City to St. Mary's Cathedral in Peoria, Illinois; App. Div. affirmed.

For March 29 through April 4, 2019, the following preliminary appeal statements were filed:

HEWITT v PALMER VETERINARY CLINIC, P.C. (167 AD3d 1120):
3rd Dept. App. Div. order of 12/6/18; affirmance; leave to appeal granted by Court of Appeals, 3/26/19; Animals--Knowledge of Vicious Propensity--Whether strict liability rule applies where plaintiff seeks to recover from a defendant who maintained the premises where the injury occurred but did not own the animal that caused the injury; plaintiff attacked by another patron's dog at defendant veterinarian's office; Supreme Court, Clinton County, granted a motion by defendant Palmer Veterinary Clinic, PC for summary judgment dismissing the complaint against it; App. Div. affirmed.

MYERS v STATE FARM INSURANCE (2019 NY Slip Op 65327[U]):
3rd Dept. App. Div. order of 3/8/19; denial of motion; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution and whether any basis exists for an appeal as of right; Appeal--Appealable Paper--Order denying a motion to reargue and renew; App. Div. denied a motion to reargue and renew.

WILLIAMS v STATE OF NEW YORK (2019 NY Slip Op 65441[U]):
3rd Dept. App. Div. order of 3/14/19; denial of motion; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution and whether any basis exists for an appeal as of right; Appeal--Appealable Paper--Appellate Division order denying motion for reversal of a prior order of that court; App. Div. denied a motion for reversal of an order of that court dated 10/25/18; and thereafter, denied a motion for permission to file a late timely filed claim appeal.