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For April 18, 2014 through April 24, 2014, the following preliminary appeal statements were filed:

KINSELLA v POWERGUARD SPECIALTY INSURANCE SERVICES, LLC (112 AD3d 414):
1st Dept. App. Div. order of 12/3/13; modification; leave to appeal granted by Court of Appeals, 4/8/14; FRAUD - FRAUD IN THE INDUCEMENT - WHETHER THE APPELLATE DIVISION ERRED IN HOLDING THAT PLAINTIFF FAILED TO SUFFICIENTLY ALLEGE REASONABLE RELIANCE AND DAMAGES SEPARATE FROM HIS TERMINATION BY HIS AT-WILL EMPLOYER, AND THAT THE COMPLAINT DID NOT SHOW THAT ONE OF THE DEFENDANTS HAD ANYTHING TO DO WITH PLAINTIFF'S EMPLOYMENT WITH THE OTHER DEFENDANT; Supreme Court, New York County, granted defendants' motion pursuant to CPLR 3211(a)(7) to dismiss the first cause of action as against defendant Powerguard Specialty Insurance Services, LLC and denied defendants' motion to dismiss the first cause of action as against Edgewood Partners Insurance Center; App. Div. modified to dismiss plaintiff's first cause of action as against Edgewood Partners Insurance Center.

POWERS, MATTER OF v ST. JOHN'S UNIVERSITY SCHOOL OF LAW (110 AD3d 888):
2nd Dept. App. Div. order of 10/16/13; affirmance; leave to appeal granted by App. Div., 3/18/14; COLLEGES AND UNIVERSITIES - ADMISSION - WHETHER LAW SCHOOL ACTED ARBITRARILY AND CAPRICIOUSLY BY RESCINDING PETITIONER'S ADMISSION AFTER HE COMPLETED MORE THAN 1 1/2 YEARS OF COURSE WORK, WHERE IT DETERMINED THAT PETITIONER'S LAW SCHOOL APPLICATION CONTAINED MISREPRESENTATIONS AND MATERIAL OMISSIONS REGARDING HIS PRIOR CRIMINAL BACKGROUND - WHETHER THE PENALTY OF RESCISSION WAS SO DISPROPORTIONATE TO THE OFFENSE AS TO CONSTITUTE AN ABUSE OF DISCRETION AS A MATTER OF LAW - PETITIONER'S ENTITLEMENT TO INVOKE GRIEVANCE PROCEDURE IN LAW SCHOOL'S STUDENT HANDBOOK; Supreme Court, Queens County, denied a CPLR article 78 petition to review a determination of St. John's University School of Law, which rescinded petitioner's admission and, in effect, denied his application for admission nunc pro tunc, and dismissed the proceeding; App. Div. affirmed.

SAINT v SYRACUSE SUPPLY COMPANY (110 AD3d 1470):
4th Dept. App. Div. order of 10/4/13; reversal; leave to appeal granted by Court of Appeals, 4/8/14; LABOR - SAFE PLACE TO WORK - WHETHER PLAINTIFF WAS "ALTERING" A STRUCTURE WITHIN THE MEANING OF LABOR LAW § 240(1) AND WAS ENGAGED IN "CONSTRUCTION WORK" WITHIN THE MEANING OF LABOR LAW § 241(6) WHEN HE WAS APPLYING A NEW ADVERTISEMENT TO THE FACE OF A BILLBOARD; WHETHER THE APPELLATE DIVISION ERRED IN DISMISSING PLAINTIFF'S LABOR LAW § 240(2) CLAIM REGARDING SCAFFOLDING MORE THAN 20 FEET FROM THE GROUND; Supreme Court, Erie County, among other things, denied defendant's motion for summary judgment dismissing the amended complaint; App. Div. reversed, granted defendant's motion for summary judgment dismissing the amended complaint, and dismissed the amended complaint.

WOODSIDE MANOR NURSING HOME, MATTER OF v SHAH (113 AD3d 1142):
4th Dept. App. Div. order of 1/3/14; modification; leave to appeal granted by Court of Appeals, 4/8/14; HEALTH - MEDICAID REIMBURSEMENT RATES - WHETHER (1) PUBLIC HEALTH LAW § 2808(17)(b), WHICH ESTABLISHED A MORATORIUM AND CAP ON THE DEPARTMENT OF HEALTH'S REVISION OF MEDICAID RATE APPEALS BY RESIDENTIAL HEALTH CARE FACILITIES, APPLIES RETROACTIVELY TO RATE APPEALS FILED PRIOR TO ITS ENACTMENT; (2) RETROACTIVE APPLICATION UNCONSTITUTIONALLY DEPRIVES PETITIONERS OF VESTED PROPERTY RIGHTS; AND (3) PETITIONERS ARE ENTITLED UNDER STATE AND FEDERAL LAWS AND REGULATIONS TO A WRIT OF MANDAMUS COMPELLING DETERMINATION OF THEIR RATE APPEALS; Supreme Court, Monroe County, granted a CPLR article 78 petition in the nature of mandamus to compel respondents to determine certain medicaid rate appeals and remitted the matter to the Department of Health for that purpose; App. Div. modified the judgment by denying the petition in its entirety and dismissing the proceeding.

For April 25, 2014 through May 1, 2014, the following preliminary appeal statements were filed:

DERBY v BITAN (112 AD3d 881):
2nd Dept. App. Div. orders of 12/26/13 and 3/27/14; affirmance and denial of motion; sua sponte examination whether the 3/27/14 App. Div. order appealed from finally determines the action within the meaning of the Constitution and whether a substantial constitutional question is otherwise directly involved to support an appeal as of right; JUDGMENTS - SUMMARY JUDGMENT - TIMELINESS OF MOTION FOR SUMMARY JUDGMENT (CPLR 3212[a]); RENEWAL OF MOTION FOR SUMMARY JUDGMENT; Supreme Court, Dutchess County, granted defendant's motion for leave to renew his prior motion for summary judgment dismissing the complaint and, upon renewal, granted defendant's prior motion for summary judgment dismissing the complaint; App. Div. affirmed and thereafter denied plaintiff's motion for reargument or for leave to appeal to the Court of Appeals.

GONZALEZ (RICHARD), PEOPLE v (112 AD3d 440):
1st Dept. App. Div. order of 12/5/13; affirmance; leave to appeal granted by Pigott, J., 4/21/14; CRIMES - POSSESSION OF WEAPON - WHETHER THE TRIAL COURT ERRED IN INSTRUCTING THE JURY THAT TO BE GUILTY OF POSSESSING A "GRAVITY KNIFE" (PENAL LAW § 265.01[1]), DEFENDANT HAD TO KNOW ONLY THAT HE HAD A KNIFE IN HIS POSSESSION, AND NOT THAT THE KNIFE HAD THE CHARACTERISTICS OF A "GRAVITY KNIFE" (PENAL LAW § 265.00[5]) - SCIENTER ELEMENT OF CRIME; SEARCH - WHETHER POLICE STOP AND SEARCH OF DEFENDANT WAS JUSTIFIED; Supreme Court, New York County, convicted defendant, after a jury trial, of criminal possession of a weapon in the third degree and sentenced him, as a second felony offender, to a term of 3 1/2 to 7 years; App. Div. affirmed.

SCOTT (HAKIM B.), PEOPLE v (106 AD3d 1030):
2nd Dept. App. Div. order of 5/22/13; modification; leave to appeal granted by Rivera, J., 4/21/14; CRIMES - MANSLAUGHTER - WHETHER THE EVIDENCE WAS SUFFICIENT TO SUPPORT THE CONVICTION OF DEFENDANT FOR MANSLAUGHTER IN THE FIRST DEGREE - WHETHER THERE WAS EVIDENCE OF "A COMMUNITY OF PURPOSE" WITH THE CODEFENDANT WHO RETRIEVED AND USED THE BASEBALL BAT TO BEAT THE VICTIM WHILE DEFENDANT CHASED ANOTHER VICTIM; JURY INSTRUCTIONS - WHETHER DEFENDANT WAS DEPRIVED OF HIS RIGHT TO BE PRESENT FOR ALL MATERIAL STAGES OF HIS TRIAL - JURY INSTRUCTION CORRECTING DATES OF CRIMES GIVEN WITHOUT COUNSEL OR DEFENDANT IN COURTROOM; Supreme Court, Kings County, upon a jury verdict, convicted defendant of manslaughter in the first degree and attempted assault in the first degree, and sentenced him to a determinate term of imprisonment of 25 years plus a period of 5 years of postrelease supervision on the conviction of manslaughter in the first degree and a determinate term of imprisonment of 12 years plus a period of 5 years postrelease supervision on the conviction of attempted assault in the first degree, to run consecutively; App. Div. modified by reducing the term of imprisonment on the conviction of attempted assault in the first degree from a determinate term of 12 years to a determinate term of 4 years.