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For April 13, 2018 through April 19, 2018, the following preliminary appeal statements were filed:

CORDERO (CIRITO M.), PEOPLE v :
County Court, Erie County order of 12/21/17; sua sponte examination whether any basis exists for an appeal as of right to the Court of Appeals in this criminal proceeding; Appeal--Appeal as of Right; County Court decreed that defendant's prior motion (seeking an order assigning an attorney, an expert and an investigator to assist him in the preparation of a CPL 440.10 post-conviction motion) was without legal basis merit and was properly denied, and denied his motion for reargument and/or renewal in all aspects without a hearing.

DRELICH (MARVIN), PEOPLE v (58 Misc 3d 81):
App. Term, 1st Dept. order of 12/22/17; reversal and dismissal; leave to appeal granted by Wilson, J., 4/3/18; Rule 500.11 review pending; Crimes--Accusatory Instrument--Whether misdemeanor complaint charging defendant with patronizing a prostitute in the third degree was jurisdictionally defective because the factual allegation of the complaint--that defendant offered the complainant $15 in exchange for "manual stimulation"--was insufficient to establish the "sexual conduct" element of the charged crime.; Criminal Court of the City of New York, New York County, convicted defendant, upon his plea of guilty, of disorderly conduct, and imposed sentence; App. Term reversed and dismissed the accusatory instrument.

IVIES, MATTER OF v LASAK (156 AD3d 884):
2nd Dept. App. Div. order of 12/27/17; dismissal; 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--Failure to properly serve respondents; prohibition; App. Div. dismissed the CPLR article 78 proceeding in the nature of prohibition to prohibit respondents from proceeding with an underlying criminal prosecution.

KEKEC v ROBINSON (159 AD3d 1161):
3rd Dept. App. Div. order of 3/8/18; affirmance; 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; Partition--Partition or Sale--In action for partition of real property, whether Supreme Court properly ordered defendant to (1) provide plaintiff with all information necessary to execute required real estate transfer documents, and (2) comply with stipulation of settlement by discontinuing action commenced in another jurisdiction; alleged constitutional violations; Supreme Court, Ulster County, denied defendant's motion for, among other things, a restraining order; App. Div. affirmed.

For April 20, 2018 through April 26, 2018, the following preliminary appeal statements were filed:

MATTER OF ASSIMAKOPOULOS, DECEASED (LANA v ASSIMAKOPOULOS- PANUTHOS) (159 AD3d 453):
1st Dept. App. Div. order of 3/6/18; reversal; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Wills--Probate--Letters of administration c.t.a--will probated in Florida--whether New York Surrogate's Court may make independent inquiry into domicile of decedent, revoke ancillary letters of administration and grant nonancillary letters of administration to the Public Administrator; claimed violation of the Full Faith and Credit Clause of the U. S. Constitution; res judicata; motion to renew; Surrogate's Court, New York County, denied petitioner Lana's motion to renew (6/26/13 order); and, among other things, granted limited ancillary letters of administration c.t.a to cross petitioner Assimakopoulos-Panuthos (9/25/13 decree); App. Div. reversed, vacated the decree, revoked the letters, and issued letters of administration c.t.a. to the Public Administrator of New York County.

MATTER OF DENNIS E. (ANONYMOUS) v D'EMIC (159 AD3d 699):
2nd Dept. App. Div. judgment of 3/7/18; dismissal; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Proceeding Against Body or Officer--Prohibition--Whether petitioner established a clear legal right to the relief sought; CPLR article 78 proceeding seeking to prohibit a Justice of Supreme Court, Kings County, from enforcing an order, in an underlying criminal action, that denied petitioner's motion to dismiss a proceeding brought by Commissioner of the New York State Office of Mental Health to convert petitioner from criminal to civil status pursuant to Jackson v Indiana (406 US 715 [1972]); App. Div. granted respondent's cross motion to dismiss the proceeding, denied the petition, and dismissed the CPLR article 78 proceeding.

GALEA, MATTER OF v KROL (2018 NY Slip Op 66638[U]):
2nd Dept. App. Div. order of 3/12/18; denial of motion; 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--Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)--mother's application, by order to show cause to a Family Court judge, for temporary emergency jurisdiction in New York over custody matter litigated extensively in Florida; Family Court, Suffolk County, rejected proposed order to show cause and petition for temporary emergency jurisdiction over the child pursuant to UCCJEA and Domestic Relations Law § 76-c; App. Div. denied that branch of appellant's motion which was for leave to appeal to the App. Div., and denied as academic appellant's motion to direct that the subject child remain in New York pending hearing and determination of the appeal.

RODRIGUEZ (MANUEL), PEOPLE v (154 AD3d 594):
1st Dept. App. Div. order of 10/24/17; affirmance; leave to appeal granted by Rivera, J., 4/10/18; Crimes--Larceny--Whether evidence was legally sufficient to establish grand larceny in the third degree where defendant exercised dominion and control over proceeds of stolen check, but not over the stolen check itself; Supreme Court, New York County, convicted defendant, after a jury trial, of grand larceny in the third degree, and imposed sentence; App. Div. affirmed.

SAYLOR, MATTER OF v BUKOWSKI:
Family Court, Suffolk County order of 3/23/18; grant of petition; sua sponte examination whether an appeal as of right lies under CPLR 5601(b)(2); Parent, Child and Family--Custody--Whether Family Court erred in awarding sole custody of the subject child to the father; alleged constitutional violations; Family Court granted the father's petition for custody of the subject child.

WELLS, MATTER OF v PRESSLEY (159 AD3d 651):
1st Dept. App. Div. order of 3/29/18; dismissal; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Proceeding Against Body or Officer--Prohibition--Whether petitioner established a clear legal right to the relief sought; alleged constitutional violations; App. Div. denied petitioner's application pursuant to CPLR article 78 and dismissed the petition.

For April 27, 2018 through May 3, 2018, the following preliminary appeal statements were filed:

PEOPLE EX REL. RAMIREZ v APONTE (2018 NY Slip Op 69274[U]):
1st Dept. App. Div. order of 4/10/18; denial of motion; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Habeas Corpus--When Remedy Available--whether the Appellate Division properly denied petitioner's writ of habeas corpus; alleged constitutional violations; App. Div. denied petitioner's motion for a writ of habeas corpus and dismissed the proceeding.

For May 4, 2018 through May 10, 2018, the following preliminary appeal statements were filed:

CLARK, MATTER OF v VILLEGAS (153 AD3d 437):
1st Dept. App. Div. order of 8/15/17; leave to appeal granted by Court of Appeals, 3/29/18; Proceeding Against Body or Officer--Prohibition--whether Appellate Division properly granted writ of prohibition to prohibit enforcement of a Supreme Court order that directed Department of Corrections and Community Supervision to credit respondent with 1,282 days of jail time; whether CPLR article 78 proceeding is proper vehicle to challenge jail time credit calculation; App. Div. granted a CPLR article 78 petition to prohibit the enforcement of an order of Supreme Court, Bronx County, which ordered respondent New York State Department of Corrections and Community Supervision to credit respondent Dewayne Robinson with 1,282 days of jail time.

JOHNSON v DAVID (2018 NY Slip Op 68635[U]):
1st Dept. App. Div. order of 4/3/18; denial of motion; 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; Appeal--Appellate Division--Motion for poor person and other relief; App. Div. denied plaintiff's motion for leave to prosecute the appeal as a poor person, for leave to have the appeal heard on the original record and upon a reproduced appellant's brief, and for related relief.

JOHNSON, MATTER OF v ECKERT (155 AD3d 1580):
4th Dept. App. Div. order of 11/9/17; confirmed determination; sua sponte examination whether (1) the 3/16/18 App. Div. order finally determines the proceeding within the meaning of the Constitution; and (2) whether a substantial constitutional question is directly involved in the 11/9/17 App. Div. order to support an appeal as of right; Prisons and Prisoners--Discipline of Inmates--CPLR article 78 proceeding seeking to annul determination, following a tier II hearing, that petitioner violated certain inmate rules; prisoner's right to refuse medical treatment; alleged due process violation; Supreme Court, Erie County, transferred the CPLR article 78 proceeding to the App. Div.; App. Div. confirmed a determination of respondent finding that petitioner had violated various inmate rules, and dismissed the CPLR article 78 proceeding.

JOHNSTON v JOHNSTON (156 AD3d 1181):
3rd Dept. App. Div. order of 12/21/17; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Husband and Wife and Other Domestic Relationships--Divorce--whether evidence was sufficient to establish cause of action for divorce pursuant to Domestic Relations Law § 170 (7); alleged unconstitutionality of Domestic Relations Law § 170 (7); Supreme Court, Schoharie County, among other things, awarded husband a divorce and distributed the martial assets; App. Div. affirmed.

WESLOWSKI, MATTER OF v DAY:
Supreme Court, Rockland County, judgment of 4/4/14; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right, whether the 4/4/18 Supreme Court judgment appealed from finally determines the proceeding within the meaning of the Constitution, and whether the 2/17/16 nonfinal App. Div. order brought up for review necessarily affects the 4/4/18 judgment as required by CPLR 5601(d); Proceeding Against Body or Officer--Right to Jury Trial-- Proceeding pursuant to CPLR article 78 to review a determination of the Rockland County Records Access Appeals Officer regarding disclosure of public records pursuant to the Freedom of Information Law upon petitioner's prepayment of certain estimated costs; Supreme Court directed the County to deliver various document copies to petitioner, at various prepayment amounts.