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For April 1, 2016 through April 7, 2016, the following preliminary appeal statements were filed:

EXCESS LINE ASSOCIATION OF NEW YORK (ELANY) v WALDORF & ASSOCIATES (130 AD3d 563):
2nd Dept. App. Div. order of 7/1/15; affirmance; leave to appeal granted by Court of Appeals, 3/29/16; PARTIES - CAPACITY TO SUE - GOVERNMENTAL ENTITIES - WHETHER PLAINTIFF ASSOCIATION HAS CAPACITY AND STANDING TO SUE ONE OF ITS MEMBERS TO COMPEL COMPLIANCE WITH ITS PLAN OF OPERATION OR TO RECOVER STAMPING FEES; Supreme Court, Suffolk County, granted defendants' motions to dismiss the complaint; App. Div. affirmed.

KALAMARAS, PEOPLE, ex rel. v SPOSATO (2016 NY Slip Op 66213[U]):
2nd Dept. App. Div. order of 3/4/16; denied application; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right and whether CPLR 7011 provides an independent basis for an appeal as of right; HABEAS CORPUS - CHALLENGE TO APPELLATE DIVISION ORDER THAT, AMONG OTHER THINGS, DENIED PETITIONER'S APPLICATION FOR A WRIT OF HABEAS CORPUS; App. Div., as relevant here, denied that branch of petitioners' application that was for a writ of habeas corpus.

ROSHIA, JR. (JAMES M.), PEOPLE v (133 AD3d 1029):
3rd Dept. App. Div. order of 11/19/15; affirmance; Rule 500.11 review pending; CRIMES - EVIDENCE - DNA IDENTIFICATION TESTS - WHETHER COUNTY COURT ERRED IN DIRECTING DEFENDANT TO PROVIDE A BUCCAL SWAB - WHETHER GRAND JURY INDICTMENT PROVIDED THE REQUISITE PROBABLE CAUSE AND STATUTORY AUTHORITY FOR THE DIRECTION (CPL 240.40[2][b][v]); CLAIMED INEFFECTIVE ASSISTANCE OF COUNSEL BASED ON INADEQUATE INVESTIGATION OF CASE, UNRESPONSIVENESS AND FAILURE TO KEEP DEFENDANT APPRISED OF CASE DEVELOPMENTS; WHETHER COUNTY COURT IMPROPERLY ORDERED DEFENDANT TO PAY RESTITUTION WITHOUT A HEARING; County Court, St. Lawrence County, convicted defendant, upon his guilty plea, of criminal sexual act in the first degree, and sentenced him to a term of 10 years, plus 10 years of postrelease supervision and payment of restitution in the amount of $11,253.09; App. Div. affirmed.

SOSA (WILLIAM), PEOPLE v (128 AD3d 443):
1st Dept. App. Div. order of 5/7/15; reversal; leave to appeal granted by Pigott, J., 3/16/16; Rule 500.11 review pending; CRIMES - PLEA OF GUILTY - SUFFICIENCY OF ALLOCUTION - WHETHER THE GUILTY PLEA WAS KNOWING, INTELLIGENT, AND VOLUNTARY UNDER PEOPLE v TYRELL (22 NY3d 359 [2013]) AND PEOPLE v CONCEICAO (26 NY3d 375 [2015]) WHERE THE DEFENDANT'S BOYKIN RIGHTS WERE NOT RECITED DURING THE PLEA COLLOQUY; Supreme Court, Bronx County, convicted defendant, upon his plea of guilty, of operating a motor vehicle while ability impaired, and sentenced him to a $300 fine; App. Div. reversed, vacated the guilty plea, and dismissed the accusatory instrument in the interest of justice.

STATE OF NEW YORK, MATTER OF v FLOYD Y. (135 AD3d 70):
1st Dept. App. Div. order of 11/10/15; reversal; leave to appeal granted by Court of Appeals, 3/29/16; CRIMES - SEX OFFENDERS - CIVIL COMMITMENT OR SUPERVISION - MENTAL ABNORMALITY - WHETHER LEGALLY SUFFICIENT EVIDENCE SUPPORTED THE JURY'S FINDING THAT RESPONDENT HAS SERIOUS DIFFICULTY CONTROLLING HIS SEXUAL MISCONDUCT UNDER MATTER OF STATE OF NEW YORK v DONALD DD. (24 NY3d 174 [2014]); Supreme Court, New York County, after a jury verdict that respondent suffers from a mental abnormality requiring civil management under article 10 of the Mental Hygiene Law, granted respondent's motion to set aside the verdict and dismissed the petition for sex offender civil management; App. Div. reversed and reinstated the verdict and petition; Supreme Court then directed that respondent be placed on strict and intensive supervision and treatment (SIST), in accordance with the Appellate Division order reinstating the verdict and petition, and the 8/18/15 conditional order of Supreme Court, entered after a dispositional hearing, determining that respondent was not a dangerous sex offender requiring confinement.

For April 8, 2016 through April 14, 2016, the following preliminary appeal statements were filed:

MADEIROS, MATTER OF v NEW YORK STATE EDUCATION DEPARTMENT (133 AD3d 962):
3rd Dept. App. Div. order of 11/5/15; affirmance; leave to appeal granted by Court of Appeals, 4/5/16; PROCEEDING AGAINST BODY OR OFFICER - CERTIORARI - CPLR ARTICLE 78 PROCEEDING TO REVIEW RESPONDENT NEW YORK STATE EDUCATION DEPARTMENT'S DENIAL OF PETITIONER'S REQUEST FOR DOCUMENTS UNDER THE FREEDOM OF INFORMATION LAW (FOIL) - FOIL REQUEST FOR DOCUMENTS RELATED TO FISCAL AUDITS OF PRESCHOOL SPECIAL EDUCATION PROGRAMS AUTHORIZED BY EDUCATION LAW § 4410 - WHETHER THE APPELLATE DIVISION ERRONEOUSLY CONCLUDED THAT THE LAW ENFORCEMENT EXCEPTION TO FOIL PERMITS RESPONDENT TO WITHHOLD THE DOCUMENTS AT ISSUE - PUBLIC OFFICERS LAW § 87(2)(e) AND (g); ATTORNEYS' FEES RECOVERABLE UNDER FOIL; Supreme Court, Albany County, partially dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review respondent's determination denying petitioner's Freedom of Information Law request; App. Div. affirmed.

NONNI (MARK), PEOPLE v (135 AD3d 52):
1st Dept. App. Div. order of 11/5/15; affirmance with a two-Justice dissent; Rule 500.11 review pending; CRIMES - UNLAWFUL SEARCH AND SEIZURE - WHETHER POLICE HAD A FOUNDED SUSPICION OF CRIMINALITY JUSTIFYING A LEVEL TWO INQUIRY UNDER PEOPLE v DE BOUR (40 NY2d 210) - WHETHER THE LEVEL OF SUSPICION WAS ELEVATED TO REASONABLE SUSPICION WHEN DEFENDANT FLED, JUSTIFYING PURSUIT AND AN INVESTIGATIVE DETENTION; WHETHER POLICE WERE JUSTIFIED IN CONDUCTING A PROTECTIVE SEARCH OF DEFENDANT'S BAG AND PERSON; 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.

60 EAST 12th STREET TENANTS' ASSOCIATION, MATTER OF v NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL (134 AD3d 586):
1st Dept. App. Div. order of 12/29/15; modification with a two-Justice dissent; leave to appeal granted by App. Div., 3/17/16; Rule 500.11 review pending; LANDLORD AND TENANT - RENT REGULATION - WHETHER THE COURTS BELOW ERRED IN DETERMINING THAT AN "IRREGULARITY IN VITAL MATTERS" WARRANTED A REMAND TO THE DIVISION OF HOUSING AND COMMUNITY RENEWAL (DHCR); ADMINISTRATIVE LAW - COLLATERAL ESTOPPEL - CHALLENGE TO DHCR DETERMINATIONS CONCERNING MAJOR CAPITAL IMPROVEMENT (MCI) RENT INCREASE APPLICATION - WHETHER THE APPELLATE DIVISION ERRED IN DETERMINING THAT COLLATERAL ESTOPPEL DID NOT PRECLUDE DHCR FROM CONSIDERING, ON REMAND, THE OWNER'S APPLICATION FOR AN MCI RENT INCREASE BASED ON RESURFACING WORK; Supreme Court, New York County, granted the CPLR article 78 petition of 60 East 12th Street Tenants' Association and Jeffrey Schanback, as its Resident and Tenant Representative (Tenants), to the extent of annulling so much of the 8/15/13 DHCR determination as effectively granted in part and denied in part the application of 12 Broadway Realty LLC (Owner) for a rent increase based on a claimed major capital improvement (MCI) involving resurfacing of exterior walls of the subject building, and remanded to DHCR with conditions precluding it from reconsidering that MCI issue; App. Div. modified to permit DHCR on remand to address Owner's application for an MCI rent increase based on resurfacing work consistent with its decision, and otherwise affirmed.

SUIT-KOTE CORPORATION, MATTER OF v RIVERA (137 AD3d 1361):
3rd Dept. App. Div. order of 3/3/16; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; LABOR - PREVAILING RATE OF WAGES - WHETHER RESPONDENT COMMISSIONER OF LABOR MUST DETERMINE IN THE FIRST INSTANCE THAT AT LEAST 30% OF WORKERS IN THE RELEVANT TRADE AND LOCALITY ARE SUBJECT TO THE COLLECTIVE BARGAINING AGREEMENTS USED TO ESTABLISH PREVAILING WAGES AND SUPPLEMENTAL BENEFITS - WHETHER THE METHOD RESPONDENT USED IN SETTING THE PREVAILING WAGES AND SUPPLEMENTAL BENEFITS AT ISSUE RENDERED RESPONDENT'S DETERMINATION ARBITRARY AND CAPRICIOUS, AN ABUSE OF DISCRETION, OR AFFECTED BY AN ERROR OF LAW; DISCLOSURE - WHETHER SUPREME COURT ABUSED ITS DISCRETION IN DENYING EMPLOYER'S REQUEST FOR DISCLOSURE PURSUANT TO CPLR 408; Supreme Court, Albany County, dismissed petitioner's CPLR article 78 petition to review determinations of respondent establishing prevailing wage rates; App. Div. affirmed.

WRIGHT (PHILLIP), PEOPLE v (134 AD3d 1059):
2nd Dept. App. Div. order of 12/23/15; affirmance; leave to appeal granted by Fahey, J., 4/5/16; CRIMES - SENTENCE - PERSISTENT VIOLENT FELONY OFFENDER - WHETHER THE ADJUDICATION OF DEFENDANT AS A PERSISTENT FELONY OFFENDER WAS BASED ON NON-JURY FINDINGS IN VIOLATION OF THE RULE SET FORTH IN APPRENDI v NEW JERSEY (530 US 466) AND ITS PROGENY; JURORS - WHETHER SUPREME COURT ERRED IN DENYING DEFENDANT'S CHALLENGES FOR CAUSE TO THREE PROSPECTIVE JURORS - FAILURE TO OBTAIN UNEQUIVOCAL ASSURANCES FROM JURORS REGARDING IMPARTIALITY; Supreme Court, Kings County, convicted defendant, upon a jury verdict, of criminal possession of a weapon in the second degree, and imposed sentence; App. Div. affirmed.

JOHN Z., MATTER OF (COMMISSIONER OF MENTAL HEALTH) (136 AD3d 1208):
3rd Dept. App. Div. order of 2/18/16; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; MENTAL HEALTH - PATIENT IN CUSTODY OF COMMISSIONER OF MENTAL HEALTH - WHETHER A DIAGNOSIS OF ANTISOCIAL PERSONALITY DISORDER WITH NARCISSISTIC AND PARANOID FEATURES IS SUFFICIENT AS A MATTER OF LAW TO JUSTIFY CIVIL CONFINEMENT OF PRISONER AFTER EXPIRATION OF HIS PRISON SENTENCE PURSUANT TO CPL 330.20; CLAIMED DUE PROCESS VIOLATION; Supreme Court, Washington County, in a proceeding pursuant to CPL 330.20(14), found that respondent has a dangerous mental disorder and recommitted him to the custody of petitioner for a period of six months; App. Div. affirmed.