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For April 15, 2016 through April 21, 2016, the following preliminary appeal statements were filed:

BAUTISTA (VILMA), PEOPLE v (132 AD3d 523):
1st Dept. App. Div. order of 10/20/15; modification; leave to appeal granted by Pigott, J., 4/5/16; CRIMES - ARGUMENT AND CONDUCT OF COUNSEL - PROSECUTOR'S ARGUMENT ON SUMMATION - WHETHER DEFENDANT WAS DEPRIVED OF A FAIR TRIAL BY THE PROSECUTOR'S ALLEGED MISSTATEMENT OF THE EVIDENCE; DISCLOSURE - FAILURE TO DISCLOSE EXCULPATORY MATERIAL - WHETHER THE APPELLATE DIVISION CORRECTLY HELD THAT AN INVESTIGATOR'S NOTES FROM AN INTERVIEW WITH A COCONSPIRATOR DID NOT CONSTITUTE BRADY MATERIAL; EVIDENCE - JUDICIAL NOTICE - FACT FINDINGS OF FOREIGN COUNTRY COURT IMPROPERLY READ TO JURY - WHETHER THE APPELLATE DIVISION CORRECTLY HELD THAT THE TRIAL COURT'S ERROR IN READING THE FACT FINDINGS OF A FOREIGN COUNTRY COURT TO THE JURY WAS HARMLESS AS TO THE TAX COUNTS; Supreme Court, New York County, convicted defendant, after a jury trial, of criminal tax fraud in the first degree, offering a false instrument for filing in the first degree, and conspiracy in the fourth degree, and sentenced her to concurrent terms of 2 to 6 years, 1 to 3 years, and 1 year, respectively, and restitution in the amount of $3,557,620; App. Div. modified to the extent of vacating the conspiracy conviction and remanding for a new trial on that count if the People be so advised, and for further proceedings pursuant to CPL 460.50(5) as to the remaining convictions, and otherwise affirmed.

FRIEDMAN, MATTER OF v RICE (134 AD3d 826):
2nd Dept. App. Div. order of 12/9/15; reversal; leave to appeal granted by Court of Appeals, 4/5/16; RECORDS - FREEDOM OF INFORMATION LAW (FOIL) - EXEMPTIONS - STATEMENTS OF NONTESTIFYING WITNESSES - WHETHER THE APPELLATE DIVISION PROPERLY DETERMINED THAT DOCUMENTS SOUGHT BY PETITIONER WERE EXEMPT FROM DISCLOSURE PURSUANT TO PUBLIC OFFICERS LAW § 87(2)(e)(iii); GRAND JURY - INSPECTION OF GRAND JURY MINUTES - WHETHER THE APPELLATE DIVISION CORRECTLY HELD THAT PETITIONER FAILED TO ESTABLISH A COMPELLING AND PARTICULARIZED NEED FOR DISCLOSURE OF GRAND JURY MATERIALS PURSUANT TO CPL 190.25(4); Supreme Court, Nassau County, in a CPLR article 78 proceeding to compel production of certain documents pursuant to the Freedom of Information Law (FOIL) and CPL 190.25(4), granted the petition and directed the Nassau County District Attorney to disclose the subject documents, with certain redactions; App. Div. reversed, denied the petition and dismissed the CPLR article 78 proceeding.

KELLY, MATTER OF v DiNAPOLI (137 AD3d 1470):
3rd Dept. App. Div. judgment of 3/24/16; confirmation of determination and dismissal of petition; Rule 500.11 review pending; CIVIL SERVICE - RETIREMENT AND PENSION BENEFITS - ACCIDENTAL DISABILITY RETIREMENT - WHETHER THE APPELLATE DIVISION CORRECTLY HELD THAT SUBSTANTIAL EVIDENCE SUPPORTS THE COMPTROLLER'S DETERMINATION THAT PETITIONER'S INJURY DID NOT RESULT FROM AN "ACCIDENT" WITHIN THE MEANING OF RETIREMENT AND SOCIAL SECURITY LAW § 363 AND, THEREFORE, PETITIONER WAS NOT ENTITLED TO ACCIDENTAL DISABILITY RETIREMENT BENEFITS; App. Div. confirmed respondent's determination denying petitioner's application for accidental disability retirement benefits, and dismissed the petition.

MINEMIER (KEVIN M.), PEOPLE v (134 AD3d 1551):
4th Dept. App. Div. order of 12/31/15; affirmance; leave to appeal granted by Stein, J. 4/12/16; CRIMES - SENTENCE - YOUTHFUL OFFENDER - DENIAL OF YOUTHFUL OFFENDER STATUS - COURT'S FAILURE TO STATE REASONS FOR DENIAL OR TO DISCLOSE CONFIDENTIAL INFORMATION - WHETHER THE APPELLATE DIVISION ERRED IN HOLDING THAT, UNDER PEOPLE v RUDOLPH (21 NY3d 497 [2013]), CPL 720.20(1) DOES NOT REQUIRE THE SENTENCING COURT TO STATE ITS REASONS FOR DENYING YOUTHFUL OFFENDER STATUS TO A DEFENDANT; WHETHER THE APPELLATE DIVISION ERRED IN HOLDING THAT, UNDER CPL 390.50, DEFENDANT WAS NOT ENTITLED TO DISCLOSURE OF ANY INFORMATION IN A DOCUMENT INCLUDED WITH THE PRE-SENTENCE REPORT ON THE BASIS THAT THE SOURCE OF THE INFORMATION WAS PROMISED CONFIDENTIALITY; County Court, Monroe County, convicted defendant, upon his plea of guilty, of attempted murder in the second degree, two counts of assault in the first degree, and assault in the second degree; App. Div. affirmed.

NERONI v FOLLENDER (137 AD3d 1336):
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; DISMISSAL AND NONSUIT - DISMISSAL OF COMPLAINT - COMPLAINT IN FRAUD ACTION - WHETHER SUPREME COURT ERRED IN DISMISSING PLAINTIFF'S ACTION, SANCTIONING PLAINTIFF ATTORNEY FOR FRIVOLOUS CONDUCT AND ENJOINING PLAINTIFF FROM BRINGING FURTHER LITIGATION AGAINST DEFENDANTS; Supreme Court, Delaware County, among other things, granted defendants' motion to dismiss the complaint; in a separate order, Supreme Court, among other things, partially granted defendants' cross motion and directed plaintiff to pay costs and counsel fees; App. Div. affirmed both orders.

For April 22, 2016 through April 28, 2016, the following preliminary appeal statements were filed:

EATON v HUNGERFORD (137 AD3d 1614):
4th Dept. App. Div. order of 3/18/16; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; CIVIL RIGHTS - DISCRIMINATION IN EMPLOYMENT - DISCRIMINATION BASED ON SEXUAL ORIENTATION - WHETHER PLAINTIFFS RAISED A TRIABLE ISSUE OF FACT THAT THEY WERE SUBJECT TO AN ADVERSE EMPLOYMENT ACTION OR HOSTILE WORK ENVIRONMENT; DEFAMATION; INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; Supreme Court, Monroe County, granted defendants' motion for summary judgment dismissing the complaint; App. Div. affirmed.

ESTREMERA (ROBERTO), PEOPLE v (134 AD3d 655):
1st Dept. App. Div. order of 12/29/15; affirmance; leave to appeal granted by Fahey, J., 4/6/16; CRIMES - SENTENCE - RESENTENCE - WHETHER SUPREME COURT ERRED IN CONDUCTING A POSTRELEASE SUPERVISION RESENTENCING PURSUANT TO PENAL LAW § 70.85 WITHOUT DEFENDANT PRESENT; Supreme Court, New York County, reimposed defendant's original prison sentence pursuant to Penal Law § 70.85 without imposing a period of postrelease supervision; App. Div. affirmed.

FAGAN (KEITH), PEOPLE v (134 AD3d 411):
1st Dept. App. Div. order of 12/1/15; affirmance; leave to appeal granted by Pigott, J., 4/12/16; CRIMES - SENTENCE - RESENTENCE - SECOND VIOLENT FELONY OFFENDER - RETROACTIVE APPLICATION OF PEOPLE v CATU (4 NY3d 242 [2005]) - WHETHER DEFENDANT'S 2000 CONVICTION BY GUILTY PLEA WAS OBTAINED IN VIOLATION OF HIS FEDERAL CONSTITUTIONAL RIGHTS AND THEREFORE COULD NOT BE USED FOR PREDICATE FELONY PURPOSES WITHIN THE MEANING OF CPL 400.15 WHERE DEFENDANT WAS NOT ADVISED AT THE TIME OF THAT PLEA THAT THE SENTENCE WOULD INCLUDE POST-RELEASE SUPERVISION; Supreme Court, Bronx County, resentenced defendant, upon remand from the App. Div., as a second violent felony offender, to a term of 15 years, and then denied the People's CPL 440.40 motion to set aside the judgment of resentencing; App. Div. affirmed.

MANKO v LENOX HILL HOSPITAL (2014 NY Slip Op 91312[U]):
2nd Dept. App. Div. order of 12/1/14; 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 - APPELLATE DIVISION - DENIAL OF MOTION TO REINSTATE APPEALS AND VACATE VARIOUS APPELLATE DIVISION ORDERS; App. Div. denied appellant's motion to, among other things, reinstate appeals from 5/18/12 and 10/7/11 Supreme Court, Kings County, orders and to recall and vacate four App. Div. orders dated 3/27/13, 7/5/13, 7/29/13 and 10/9/13.

MONTE, PEOPLE ex rel., v MINGO:
Supreme Court, New York County, order of 3/29/16; denial of petition; HABEAS CORPUS - SUPREME COURT ORDER DENYING PETITION FOR A WRIT OF HABEAS CORPUS; Supreme Court denied the petition for a writ of habeas corpus and dismissed the writ.

OATES v NEW YORK CITY TRANSIT AUTHORITY (— AD3d —, 2016 NY Slip Op 02729):
1st Dept. App. Div. order of 4/12/16; affirmance with two-Justice dissent; NEGLIGENCE - SUFFICIENCY OF THE EVIDENCE TO ESTABLISH THAT BUS DRIVER WAS NEGLIGENT IN OPERATING A BUS THAT HIT AND KILLED A WOMAN WHILE PULLING OUT OF A BUS STOP - SUFFICIENCY OF THE EVIDENCE UNDER THE NOSEWORTHY DOCTRINE; EXPERT TESTIMONY - SUFFICIENCY OF EXPERT TESTIMONY TO ESTABLISH THAT DECEDENT ENDURED CONSCIOUS PAIN AND SUFFERING PRIOR TO HER DEATH; Supreme Court, Bronx County, upon a jury verdict, awarded plaintiffs $300,000 for decedent Rachel Levy's conscious pain and suffering; $150,000 for plaintiff Hadassah Levy's past loss of custodial services, and $400,000 for her future loss of custodial services; and $100,000 for plaintiff Miriam Levy Oates's future loss of nurture, care and guidance; App. Div. affirmed.