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For April 4, 2014 through April 10, 2014, the following preliminary appeal statements were filed:

AMALGAMATED BANK v HELMSLEY-SPEAR (109 AD3d 418):
1st Dept. App. Div. order of 8/13/13; reversal; leave to appeal granted by Court of Appeals, 3/27/14; JUDGMENTS - DEFAULT JUDGMENT - VACATUR - WHETHER DEFENDANTS SUED AS RECIPIENTS OF A FRAUDULENT TRANSFER MAY MOVE TO VACATE A DEFAULT JUDGMENT ENTERED IN A SEPARATE ACTION AGAINST THE ALLEGEDLY FRAUDULENT TRANSFEROR, WITHOUT SHOWING THAT THE DEFAULT JUDGMENT WAS OBTAINED THROUGH FRAUD OR OTHER WRONGDOING; Supreme Court, New York County, granted the motion of intervenors-defendants Schneider & Schneider, Inc. and Lynn Schneider to intervene and to vacate a default judgment against defendant Helmsley-Spear, Inc. in the principal amount of $2,363,542.66; App. Div. reversed, denied the motion to intervene and vacate the default judgment, and reinstated the judgment.

BANOS, MATTER OF v RHEA (111 AD3d 707):
2nd Dept. App. Div. order of 11/13/13; affirmance; leave to appeal granted by App. Div., 3/28/14; LIMITATION OF ACTIONS - FOUR-MONTH STATUTE OF LIMITATIONS - CHALLENGE TO TERMINATION OF SECTION 8 SUBSIDY - WHETHER THE STATUTE OF LIMITATIONS BEGINS TO RUN UPON A SECTION 8 BENEFICIARY'S RECEIPT OF A NOTICE OF DEFAULT LETTER ONLY WHERE THE NEW YORK CITY HOUSING AUTHORITY STRICTLY COMPLIES WITH THE THREE-STEP NOTICE PROCEDURE SET FORTH IN THE FIRST PARTIAL CONSENT JUDGMENT IN WILLIAMS v NEW YORK CITY HOUSING AUTH. (SDNY 1984); Supreme Court, Kings County, denied a motion by the New York City Housing Authority and its Chairman to dismiss the petition on the ground that the proceeding was time-barred; App. Div. affirmed.

BUILDING SERVICE LOCAL 32B-J PENSION FUND v 101 LIMITED PARTNERSHIP (115 AD3d 469):
1st Dept. App. Div. order of 3/11/14; modification with a two-justice dissent; sua sponte examination whether the order finally determines the action within the meaning of the Constitution; LANDLORD AND TENANT - LEASE - UPKEEP CLAUSE REQUIRING TENANTS TO MAKE CERTAIN REPAIRS TO BUILDING - LANDLORD'S RIGHT TO PERFORM REPAIRS UPON TENANTS' DEFAULT - LANDLORD'S COUNTERCLAIM FOR DELAY DAMAGES; PRELIMINARY INJUNCTION PREVENTING LANDLORD FROM ENTERING PREMISES TO CURE ALLEGED REPAIR DEFAULT; PARTIAL SUMMARY JUDGMENT; INJUNCTION BOND; Supreme Court, New York County, granted plaintiffs' motion for partial summary judgment dismissing defendant's counterclaim for delay damages and for an order dissolving the injunction bond posted by plaintiffs; App. Div. modified by denying that part of plaintiffs' motion seeking to dissolve the bond, and reinstating the bond.

GARCIA (RICHARD), PEOPLE v (113 AD3d 553):
1st Dept. App. Div. order of 1/28/14; modification; leave to appeal granted by Rivera, J., 4/2/14; CRIMES - EVIDENCE - OUT-OF-COURT STATEMENT - WHETHER THE TRIAL COURT PROPERLY PERMITTED THE PEOPLE TO INTRODUCE EVIDENCE THAT THE VICTIM'S NONTESTIFYING SISTER TOLD A DETECTIVE THAT THE VICTIM HAD BEEN HAVING AN UNSPECIFIED "PROBLEM" WITH DEFENDANT, BECAUSE SUCH TESTIMONY WAS PRESENTED NOT FOR THE TRUTH OF THE MATTER ASSERTED, BUT TO EXPLAIN WHY THE POLICE FOCUSED ON DEFENDANT AND SPENT YEARS TRYING TO LOCATE HIM - ABSENCE OF A LIMITING INSTRUCTION - HARMLESS ERROR; Supreme Court, Bronx County, convicted defendant, after a jury trial, of manslaughter in the first degree, and sentenced him to a term of 20 years; App. Div. modified to the extent of reducing the amounts of the mandatory surcharge and crime victim assistance fee to $250 and $20, respectively, and otherwise affirmed.

LAMONT (JAFARI), PEOPLE v (113 AD3d 1069):
4th Dept. App. Div. order of 1/3/14; affirmance; leave to appeal granted by Peradotto, J., 3/27/14; CRIMES - EVIDENCE - SUFFICIENCY OF EVIDENCE - ATTEMPTED ROBBERY IN THE SECOND DEGREE - WHETHER THE EVIDENCE IS SUFFICIENT TO ESTABLISH BEYOND A REASONABLE DOUBT DEFENDANT'S INTENT TO COMMIT ROBBERY; County Court, Monroe County, convicted defendant, upon a jury verdict, of two counts of attempted robbery in the second degree; App. Div. affirmed.

WALKER v NEW YORK STATE COMMISSION ON JUDICIAL CONDUCT (2013 NY Slip Op 52205[U]):
Supreme Court, New York County judgment of 12/18/13; denial of application; sua sponte examination whether there is a jurisdictional predicate for a direct appeal pursuant to CPLR 5601(b)(2); PROCEEDING AGAINST BODY OR OFFICER - MANDAMUS - CPLR ARTICLE 78 PROCEEDING FOR AN ORDER, AMONG OTHER THINGS, VACATING A DETERMINATION OF RESPONDENT NEW YORK STATE COMMISSION ON JUDICIAL CONDUCT DISMISSING PETITIONER'S COMPLAINT ALLEGING JUDICIAL MISCONDUCT AGAINST FIVE JUSTICES OF THE APPELLATE DIVISION, SECOND DEPARTMENT; DISMISSAL OF PROCEEDING; Supreme Court denied petitioner's application pursuant to CPLR article 78 to vacate a 7/1/13 determination of respondent Commission on Judicial Conduct, and dismissed the proceeding.

For April 11, 2014 through April 17, 2014, the following preliminary appeal statements were filed:

CARR (LEE), PEOPLE v (111 AD3d 472):
1st Dept. App. Div. order of 11/14/13; affirmance; leave to appeal granted by Graffeo, J., 3/31/14; CRIMES - RIGHT TO COUNSEL - WHETHER TRIAL COURT VIOLATED DEFENDANT'S RIGHT TO COUNSEL BY CONDUCTING AN EX PARTE, UNTRANSCRIBED DISCUSSION WITH THE PEOPLE'S MAIN WITNESS WHO CLAIMED HE WAS TOO ILL TO TESTIFY ON THE DAY HE WAS SCHEDULED; TRIAL COURT'S REFUSAL TO CHARGE THE LESSER INCLUDED OFFENSE OF ASSAULT IN THE THIRD DEGREE; Supreme Court, Bronx County, convicted defendant, upon a jury verdict, of murder in the second degree, and sentenced him to a term of 25 years to life; App. Div. affirmed.

DABROWSKI v METROPOLITAN LIFE INSURANCE COMPANY (113 AD3d 808):
2nd Dept. App. Div. order of 1/29/14; reversal; sua sponte examination of whether any jurisdictional basis exists for an appeal as of right; INSURANCE - LIFE INSURANCE - CANCELLATION OF POLICY; SUMMARY JUDGMENT; Supreme Court, Suffolk County, among other things, denied defendant's motion for summary judgment dismissing the complaint; App. Div. reversed and granted defendant's motion for summary judgment dismissing the complaint.

FAISON v LEWIS (106 AD3d 1047):
2nd Dept. App. Div. order of 5/29/13; modification; leave to appeal granted by Court of Appeals, 4/8/14; LIMITATION OF ACTIONS - ACTION TO VOID A DEED AND MORTGAGE BASED ON ALLEGATIONS OF FORGERY - WAIVER OF STATUTE OF LIMITATIONS DEFENSE; Supreme Court, Kings County, granted defendant Bank of America's motion to dismiss the complaint in its entirety as time- barred and denied, as academic, plaintiff's cross motion to dismiss the 15th affirmative defense asserted in the joint answer of defendants Bank of America and Mortgage Electronic Registration Systems, Inc. (MERS); App. Div. modified by (1) deleting the provision granting that branch of defendant Bank of America's motion which was to dismiss the complaint insofar as asserted against defendants Tonya Lewis, Dorothy Lewis and MERS, and substituting therefor a provision denying that branch of the motion, and (2) deleting the provision denying, as academic, that branch of plaintiff's cross motion which was to dismiss the 15th affirmative defense insofar as asserted by defendant MERS; and also modified, affirmed.

FLUSHING SAVINGS BANK, FSB v BITAR (106 AD3d 690):
2nd Dept. App. Div. order of 5/1/13; affirmance; leave to appeal granted by Court of Appeals, 4/3/14; MORTGAGES - FORECLOSURE - DEFICIENCY JUDGMENT - WHETHER AFFIDAVIT OF PLAINTIFF'S APPRAISER WAS TOO CONCLUSORY TO ESTABLISH A PRIMA FACIE SHOWING OF THE FAIR MARKET VALUE OF THE PROPERTY AS OF THE FORECLOSURE SALE DATE - DENIAL OF PLAINTIFF'S UNOPPOSED APPLICATION FOR A DEFICIENCY JUDGMENT WITHOUT EXPRESSED FINDING AS TO PROPERTY VALUE, HEARING ON VALUATION OR OPPORTUNITY FOR PLAINTIFF TO CURE ALLEGED INSUFFICIENCY IN PROOF; Supreme Court, Kings County, among other things, denied that branch of plaintiff's motion which was pursuant to RPAPL 1371(2) for leave to enter a deficiency judgment against defendant Bitar; App. Div. affirmed.

CITY OF HUDSON, MATTER OF (114 AD3d 1106):
3rd Dept. App. Div. order of 2/27/14; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; TAXATION - REAL PROPERTY TAX - IN REM TAX FORECLOSURE PROCEEDING - NOTICE TO PROPERTY OWNER; ALLEGED DENIAL OF DUE PROCESS WHERE PETITIONER RELIGIOUS CORPORATION DID NOT RECEIVE ACTUAL NOTICE OF TAX FORECLOSURE PROCEEDING ON PARCEL PURPORTEDLY PREVIOUSLY CONVEYED TO ITS MINISTER; Supreme Court, Columbia County, dismissed petitioner's application, in a proceeding pursuant to RPTL article 11, to set aside a judgment of foreclosure and transfer of title concerning real property; App. Div. affirmed.

INOA (JOSE), PEOPLE v (109 AD3d 765):
1st Dept. App. Div. order of 9/26/13; affirmance; leave to appeal granted by Smith, J., 4/2/14; CRIMES - WITNESSES - EXPERT WITNESS - WHETHER TRIAL COURT ERRED IN PERMITTING A POLICE DETECTIVE TO TESTIFY AS AN EXPERT WITH REGARD TO CODED OR UNEXPLAINED LANGUAGE IN RECORDED TELEPHONE CONVERSATIONS BETWEEN DEFENDANT AND HIS CODEFENDANT; Supreme Court, New York County, convicted defendant, after a jury trial, of murder in the first and second degrees, attempted murder in the second degree, conspiracy in the second degree, assault in the first degree, and criminal possession of a weapon in the second and third degrees, and sentenced him to an aggregate term of 73 1/2 years to life; App. Div. affirmed.

LASHWAY (STEVEN), PEOPLE v (112 AD3d 1235):
3rd Dept. App. Div. order of 12/26/13; affirmance; leave to appeal granted by Court of Appeals, 4/3/14; CRIMES - SEX OFFENDERS - SEX OFFENDER REGISTRATION ACT (SORA) - DEFENDANT'S RIGHT TO DISCOVERY UNDER SORA - ACCESS TO DOCUMENTS UPON WHICH THE BOARD OF EXAMINERS OF SEX OFFENDERS BASED ITS REPORT RECOMMENDING THAT DEFENDANT REMAIN A RISK LEVEL THREE SEX OFFENDER; COUNTY COURT'S DENIAL OF ADJOURNMENT OF PROCEEDING SO THAT REQUESTED DOCUMENTS COULD BE OBTAINED; ALLEGED DUE PROCESS VIOLATION; County Court, Clinton County, denied defendant's application pursuant to Correction Law § 168-o (2) for, among other things, reclassification of his risk level three sex offender status; App. Div. affirmed.

LINARES, MATTER OF v EVANS (112 AD3d 1056):
3rd Dept. App. Div. order of 12/5/13; reversal; leave to appeal granted by Court of Appeals, 4/3/14; PROCEEDING AGAINST BODY OR OFFICER - CERTIORARI - CPLR ARTICLE 78 PROCEEDING CHALLENGING AN 11/8/11 DETERMINATION OF THE BOARD OF PAROLE DENYING PETITIONER'S REQUEST FOR PAROLE RELEASE - WHETHER THE PAROLE BOARD'S FAILURE TO PROMULGATE REGULATIONS PURSUANT TO EXECUTIVE LAW § 259-c(4) PRIOR TO PETITIONER'S PAROLE HEARING MAKES THE BOARD'S DETERMINATION IMPROPER; AGGRIEVEMENT; WHETHER THE BOARD'S DETERMINATION IS SUPPORTED BY THE RECORD; PROPRIETY OF THE BOARD'S SUBMISSION OF DOCUMENTS TO SUPREME COURT FOR IN CAMERA REVIEW; Supreme Court, Albany County, dismissed petitioner's CPLR article 78 petition to review a determination of the Board of Parole denying petitioner's request for parole release; App. Div. reversed, annulled the determination and remitted the matter to the Board of Parole for further proceedings not inconsistent with the Court's decision.

MAETREUM OF CYBELE, MAGNA MATER, INC., MATTER OF v McCOY (111 AD3d 1098):
3rd Dept. App. Div. order of 11/21/13; reversal; leave to appeal granted by Court of Appeals, 4/1/14; TAXATION - REAL PROPERTY TAX - EXEMPTIONS - USE OF PROPERTY FOR RELIGIOUS PURPOSES - WHETHER PROPERTY AT ISSUE WAS USED EXCLUSIVELY FOR RELIGIOUS OR CHARITABLE PURPOSES WITHIN THE MEANING OF REAL PROPERTY TAX LAW (RPTL) § 420-a DURING THE YEARS AT ISSUE; BURDEN OF PROOF; Supreme Court, Greene County, dismissed petitioner's applications, in three combined proceedings pursuant to RPTL article 7 and CPLR article 78, to review three determinations of the Board of Assessment Review for the Town of Catskill denying petitioner's applications for real property tax exemptions; App. Div. reversed, granted the petitions, and annulled the determinations of the Board of Assessment Review denying petitioner's applications for real property tax exemptions for 2009, 2010 and 2011.

NUMRICH GUN PARTS CORPORATION, MATTER OF v RIVERA (115 AD3d 1050):
3rd Dept. App. Div. order of 3/6/14; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; UNEMPLOYMENT INSURANCE - EMPLOYEE OR INDEPENDENT CONTRACTOR - PROCEEDING TO, AMONG OTHER THINGS, PROHIBIT RESPONDENTS FROM CHARACTERIZING PETITIONER'S CALL CENTER REPRESENTATIVES AS EMPLOYEES FOR PURPOSES OF UNEMPLOYMENT INSURANCE AND FROM CONDUCTING FURTHER ADMINISTRATIVE PROCEEDINGS ON THE ISSUE; SUBJECT MATTER JURISDICTION - LABOR LAW § 626; Supreme Court, Albany County, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, granted respondents' motion to dismiss the petition/complaint; App. Div. affirmed.

RODRIGUEZ (SERGIO), PEOPLE v (112 AD3d 488):
1st Dept. App. Div. order of 12/12/13; affirmance; leave to appeal granted by Smith, J., 4/9/14; CRIMES - SENTENCE - CONCURRENT AND CONSECUTIVE TERMS - CHANGE, ON RESENTENCING, FROM CONCURRENT TO CONSECUTIVE SENTENCES - WHETHER THE IMPOSITION OF CONSECUTIVE SENTENCES FOR ASSAULT AND FIRST DEGREE ROBBERY VIOLATED PENAL LAW § 70.25(2) WHERE THE ASSAULT, A SHOOTING, OCCURRED IN THE COURSE OF THE ROBBERY; REMARKS MADE BY RESENTENCING COURT; CLAIMED VIOLATION OF DUE PROCESS; Supreme Court, New York County, resentenced defendant to consecutive terms of 25 years on his conviction of robbery in the first degree and 15 years on his conviction of assault in the first degree; App. Div. affirmed.

VIVIANE ETIENNE MEDICAL CARE, P.C. v COUNTRY-WIDE INSURANCE CO. (114 AD3d 33):
2nd Dept. App. Div. order of 12/18/13; modification; leave to appeal granted by App. Div., 4/9/14; INSURANCE - NO-FAULT AUTOMOBILE INSURANCE - PLAINTIFF'S BURDEN OF PROOF ON A MOTION FOR SUMMARY JUDGMENT - EVIDENCE SUFFICIENT FOR PRIMA FACIE CASE - EFFECT OF INSURANCE CARRIER'S FAILURE TO TIMELY DENY THE CLAIM; SUMMARY JUDGMENT; Civil Court of the City of New York, Kings County, denied that branch of plaintiff's motion which was for summary judgment on the complaint; App. Term affirmed; App. Div. modified in part, by denying that branch of plaintiff's motion which was for summary judgment, substituting a provision granting that branch of the motion, except as to the claim dated 11/17/04 in the amount of $139, and remitting the matter to Civil Court to calculate the amount owed to plaintiff for no-fault benefits and to determine whether plaintiff is entitled to statutory interest and attorneys' fees.

WARD, MATTER OF v CITY OF NEW YORK (111 AD3d 498):
App. Div. judgment of 11/14/13; leave to appeal granted by Court of Appeals, 4/1/14; PROCEEDING AGAINST BODY OR OFFICER - CERTIORARI - LICENSES - PLUMBERS - REVOCATION OF MASTER PLUMBING LICENSE FOR VIOLATION OF BUILDING CODE - WHETHER THE APPELLATE DIVISION ERRED IN ANNULLING PENALTY AS EXCESSIVE AND REMANDING TO AGENCY FOR IMPOSITION OF A LESSER PENALTY; App. Div., in a CPLR article 78 proceeding seeking to annul a 9/13/11 determination of respondent New York City Department of Buildings which, after a hearing, revoked petitioner's master plumbing license upon a finding that she engaged in conduct that violated the New York City Building Code, granted the petition to the extent of annulling the penalty of license revocation, remanded the matter to the agency for imposition of a lesser penalty, and otherwise confirmed the determination.