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For April 28, 2017 through May 4, 2017, the following preliminary appeal statements were filed:

ALEYNIKOV (SERGEY), PEOPLE v (148 AD3d 77):
1st Dept. App. Div. order of 1/24/17; reversal; leave to appeal granted by Fahey, J., 4/20/17; Crimes--Verdict--Sufficiency of Evidence--Whether legally sufficient evidence supports defendant's conviction of unlawful use of secret scientific material, in violation of Penal Law § 165.07, where defendant made a digital copy of his employer's proprietary computer source code by uploading the code to a server and copying it to his own personal computing devices; Supreme Court, New York County, granted defendant's motion for a trial order of dismissal to the extent of setting aside the jury's verdict convicting him of unlawful use of secret scientific material; App. Div. reversed, denied the motion, reinstated the verdict and remanded the matter for sentencing.

CANGRO v SOLOMON (2016 NYSlipOp 96144[U]):
1st Dept. App. Div. order of 12/29/16; dismissal; 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--Dismissal of appeal; Supreme Court, New York County, denied plaintiff's motion raising issues "long settled by Justice of [Supreme Court, New York County] arising from plaintiff's 2001 matrimonial action"; App. Div. granted respondents' motion to strike and to dismiss the appeal to the extent of striking the appendix filed on 9/28/16 and dismissing the appeal.

MAKI v BASSETT HEALTHCARE (2017 NY Slip Op 69011[U]):
3rd Dept. App. Div. order of 3/30/17; denial of motion; sua sponte examination of 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; Motions and Orders--Vacatur of Order--Whether the Appellate Division properly denied the motion to vacate that court's prior order affirming the dismissal of plaintiff's complaint; Supreme Court, Delaware County, granted defendants' motion for, inter alia, summary judgment dismissing the complaint; App. Div. denied plaintiff's motion to vacate an order of that court entered 7/21/16, and denied defendants' cross motion for sanctions without prejudice to renewal in the event that plaintiff makes a subsequent motion for the same or similar relief as was sought in the motion to vacate.

SCIALDONE v STEPPING STONES ASSOCIATES, L.P. (148 AD3d 950; 148 AD3d 953; 148 AD3d 953):
2nd Dept. App. Div. orders of 3/15/17; dismissal of appeals and affirmance; sua sponte examination of whether the orders appealed from finally determine the action within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; Landlord and Tenant--Eviction-- Apartment complex landlord terminated tenant's use of one of three parking spaces; claimed denial of due process; Supreme Court, Westchester County, among other things, awarded summary judgment on the 8th cause of action and granted defendants' motion for summary judgment dismissing the 7th, 9th, 10th, 11th and 20th causes of action; App. Div dismissed appeal for lack of aggrievement from so much of the Supreme Court order awarding plaintiff's summary judgment for lack of aggrievement, and otherwise affirmed.

U.S. BANK NATIONAL ASSOCIATION v GREENPOINT MORTGAGE FUNDING, INC. (147 AD3d 79):
1st Dept. App. Div. order of 12/29/16; affirmance; leave to appeal granted by App. Div., 4/13/17; Contracts--Breach or Performance of Contract--"Put-back" action involving residential mortgage backed securities--whether a breach notice is required when the underlying contract claim is based on defendant's independent discovery or knowledge of nonconforming mortgages--whether late breach notice can relate back in time to the commencement of the underlying action in order to avoid dismissal; demand requirement contained within accrual clause of loan sale agreement--CPLR 203(f); Supreme Court, New York County, among other things, granted defendant's motion to dismiss the breach of contract claim to the extent the claim is based upon cure demands made on defendant, and denied the motion to dismiss that claim to the extent it is based upon allegations of defendant's independent discovery of breaches; App. Div. affirmed.

For May 5, 2017 through May 11, 2017, the following preliminary appeal statements were filed:

FERRIS v KENDIG (148 AD3d 1623):
4th Dept. App. Div. order of 3/24/17; 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--whether all of plaintiff's causes of action are barred by the existence of another action between the parties, res judicata or the statute of limitations; claimed due process violations; Supreme Court, Monroe County, granted defendants' motion to dismiss the complaint, dismissed the complaint and awarded defendants disbursements and attorneys' fees in the sum of $3,549; App. Div. affirmed.

GONZALEZ, MATTER OF v ANNUCCI (149 AD3d 256):
3rd Dept. App. Div. order of 3/23/17; modification; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Appeal--Academic and Moot Questions--Where petitioner level one sex offender was released from an approved residential treatment facility, whether mootness exception applied to petitioner's challenge to his placement in the facility and the conditions thereof; prisons and prisoners--whether Department of Corrections and Community Supervision had an affirmative statutory duty to provide substantial assistance to petitioner in finding housing that complied with the Sexual Assault Reform Act and, under the circumstances, whether the assistance provided was insufficient; application of Correction Law § 201(5); Supreme Court, Albany County, dismissed the CPLR article 78 petition; App. Div. modified by partially converting the matter into a declaratory judgment action, and declared that (1) when a person whose prison sentence has expired and who is subject to the mandatory condition set forth in Executive Law § 259-c(14) is placed in a residential treatment facility pursuant to Penal Law § 70.45(3) and Correction Law § 73(10), the Department of Corrections and Community Supervision has an affirmative obligation pursuant to Correction Law § 201(5) to provide substantial assistance to the person in locating appropriate housing and (2) the services provided to petitioner by the Department of Corrections and Community Supervision in locating such appropriate housing during his placement in the residential treatment facility at the Woodbourne Correctional Facility between 9/30/14 and his subsequent release on 2/4/15 were not adequate to satisfy that duty; and as so modified, affirmed.

INTERNATIONAL UNION OF PAINTERS & ALLIED TRADES, DISTRICT COUNCIL NO. 4 v NEW YORK STATE DEPARTMENT OF LABOR (147 AD3d 1542):
4th Dept. App. Div. order of 2/10/17; reversal; leave to appeal granted by App. Div., 4/28/17; Labor--Hours and Wages--Whether, under Labor Law § 220(3-e), apprentices who are registered individually under a bona fide apprenticeship may work and be paid as apprentices even if the work they are performing is not work in the same trade or occupation as their apprenticeship program; Supreme Court, Erie County, declared that the New York State Department of Labor's determination that the work in question is that of the ironworkers and not of the glaziers is not unreasonable or arbitrary or capricious, and granted defendants' motion for summary judgment dismissing the complaint; App. Div. reversed, denied defendants' motion, reinstated the complaint, granted plaintiffs' cross motion for summary judgment, and granted judgment in favor of plaintiffs to the extent of declaring that (1) Labor Law §§ 220(3)(a), (b) and (3-e) apply to glazier apprentices enrolled in the DC4 Glazier Apprenticeship Program, and (2) glazing contractors may compensate apprentices registered and enrolled in the DC4 Glazier Apprenticeship Program in accordance with the applicable apprentice rates posted by defendant New York State Department of Labor on taxpayer financed projects.

LEBENSOLD v MANCUSO (149 AD3d 712):
2nd Dept. App. Div. order of 4/5/17; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Contracts--Breach or Performance of Contract--Agreement for return of $15,000 investment in a pickup truck--dismissal of counterclaims and award of $15,000 to plaintiff; claimed due process violations; Supreme Court, Westchester County, after a nonjury trial, dismissed defendants' counterclaims and was in favor of plaintiff and against defendant Mancuso in the total sum of $15,000; App. Div. affirmed.

PARIETTI v WAL-MART STORES, INC. (140 AD3d 1039):
2nd Dept. App. Div. order of 6/22/16; reversal; leave to appeal granted by Court of Appeals, 3/23/17; Rule 500.11 review pending; Negligence--Maintenance of Premises--whether a triable issue of fact exists regarding defendants' notice of the wet surface on which plaintiff slipped, thereby precluding summary judgment; Supreme Court, Suffolk County, denied that branch of defendants' motion for summary judgment dismissing the complaint insofar as asserted against them; App. Div. reversed and granted the motion for summary judgment dismissing the complaint.

PILARZ, MATTER OF v HELFER (148 AD3d 1714):
4th Dept. App. Div. order of 3/24/17; modification; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Constitutional Law--Due Process of Law--Whether section 307-8(D) of the Code of the City of Buffalo, pertaining to the hearing required after a not guilty plea to a parking violation, is facially unconstitutional; alleged due process violation; Supreme Court, Erie County, granted defendant's motion to dismiss the petition; App. Div. modified by granting judgment in favor of defendant to the extent of adjudging and declaring that section 307-8(D) of the Code of the City of Buffalo is not facially unconstitutional and, as so modified, affirmed.

PROMETHEUS REALTY CORP., MATTER OF v NEW YORK CITY WATER BOARD (147 AD3d 519):
1st Dept. App. Div. order of 2/16/17; affirmance; sua sponte examination whether the appeal will become moot upon expiration of the 2017 Fiscal Year; leave to appeal granted by App. Div., 4/25/17; Municipal Corporations--Water and Sewer Rates-- Whether respondent Water Board's actions in approving a rate increase and one-time credit for certain ratepayers was ultra vires and without a rational basis; Supreme Court, New York County, granted the petition to annul and vacate respondent Water Board's resolution approving a 2.1% increase to the water rates for Fiscal Year 2017 and a one- time $183 credit for a class of ratepayers; App. Div. affirmed.

PEOPLE ex rel. ROLAND v WARDEN, RIKERS ISLAND (2017 NY Slip Op 70221[U]):
2nd Dept. App. Div. order of 4/12/17; denial of application; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Habeas Corpus--Availability of relief; claimed due process violations; App. Div. granted poor person relief to the extent of waiving the filing fee imposed by CPLR 8022(b), and denied that branch of the application which was for a writ of habeas corpus.

SIEGEL v THE DAKOTA, INC. (144 AD3d 555):
1st App. Div. order of 11/22/16; 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; Judges--Recusal--Whether the motion court properly denied plaintiff's motions for recusal; whether the Appellate Division properly treated the appeal from the denial of plaintiff's second motion to recuse as an appeal from a order denying reargument; Supreme Court, New York County, denied plaintiff's motion for recusal, and thereafter, denied plaintiff's second motion for recusal; App. Div. affirmed the order entered 12/22/15 and deemed the appeal from the 4/14/16 order an appeal from an order denying reargument and, as so considered, dismissed the appeal.