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For April 7, 2017 through April 13, 2017, the following preliminary appeal statements were filed:

CHAMBERLAIN v NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE:
Supreme Court, Albany County, order of 3/13/17; grant of summary judgment; sua sponte examination whether an appeal as of right lies pursuant to CPLR 5601(b)(2); Taxation--Personal Income Tax--Connecticut residents who also had "living quarters" in New York City were determined to be "statutory residents" of New York State and New York City during the relevant tax periods who should have filed New York Resident Income Tax Returns--taxpayers claim that New York's residency scheme pursuant to Tax Law §§ 605(b)(1)(B), 612 and 620 violates the United States Commerce Clause; whether a credit for investment and intangible income earned should have been applied; Supreme Court, Albany County, granted defendants' converted summary judgment motion, denied plaintiffs' cross motion for summary judgment, declared that New York's statutory residency provisions do not violate the dormant Commerce Clause of the United States Constitution, and declared that the statutory residency provisions administered by defendants do not violate the dormant Commerce Clause of the United States Constitution and defendants are not prohibited from retaining the taxes paid by plaintiffs on notices or assessments that fail to provide a credit for taxes plaintiffs paid to other states on investment and intangible income.

CUMMINGS (TWANEK), PEOPLE v (145 AD3d 490):
1st Dept. App. Div. order of 12/8/16; affirmance; leave to appeal granted by Fahey, J., 3/31/17; Crimes--Evidence--Excited Utterances--admissibility of statement of an unidentified man in the background of the victim's 911 call pursuant to the excited utterance exception to the hearsay rule; whether, upon retrial after deadlocked jury in first trial, a different trial court judge had authority to change the ruling on the admissibility of the statement at issue--law of the case; Supreme Court, New York County, convicted defendant, after a jury trial, of assault in the first degree, two counts of attempted assault in the first degree, two counts of criminal possession of a weapon in the second degree, and two counts of assault in the second degree, and sentenced him, as a second felony offender, to an aggregate term of 18 years; App. Div. affirmed.

EVERY (DOUGLAS), PEOPLE v (146 AD3d 1157):
3rd Dept. App. Div. order of 1/19/17; affirmance; leave to appeal granted by Aarons, J., 3/30/17; Rule 500.11 review pending; Crimes--Justification-- whether the trial court improperly excluded evidence of victim's prior threats of violence, threatening conduct and reputation for violence; Instructions-- whether the trial court improperly instructed the jury on the definition of a dwelling; Argument and Conduct of Counsel -- whether alleged prosecutorial misconduct deprived defendant of a fair trial; Right to Counsel--Effective Representation--whether trial counsel was ineffective for failing to object to (1) jury instruction regarding the duty to retreat, (2) alleged prosecutorial misconduct, and (3) testimony by the medical examiner and coroner characterizing the victim's death as a homicide; County Court, Tioga County, convicted defendant of manslaughter in the first degree and imposed sentence; App. Div. affirmed.

MAHONEY v BROCKBANK (142 AD3d 200):
2nd Dept. App. Div. order of 7/27/16; affirmance; leave to appeal granted by Court of Appeals, 4/4/17; Interest--Prejudgment interest--in a personal injury action, whether prejudgment interest was properly computed from the date of the jury verdict on the issue of damages, rather than the date of the parties' stipulation, in which defendant conceded liability; application of CPLR 5002; Supreme Court, Suffolk County, computed prejudgment interest from the date of the jury verdict on the issue of damages; App. Div. affirmed.

PEOPLE, MATTER OF v JUAREZ (CONRADO); ROBLES (FRANCES) (143 AD3d 589):
1st Dept. App. Div. order of 10/20/16; reversal; leave to appeal granted by Court of Appeals, 4/4/17; Appeal--Matters Appealable--Whether an order resolving a nonparty's motion to quash a subpoena in a pending criminal action is appealable; Crimes--Disclosure--Shield Law--whether the People made a clear and specific showing that disclosure sought from reporter is critical and necessary to the People's proof of a material issue so as to overcome the qualified protection for the reporter's nonconfidential material; application of Civil Rights Law § 79-h(c); Supreme Court, New York County, denied nonparty reporter's motions to quash subpoenas requiring her testimony and the production of notes relating to a jailhouse interview of the defendant in a criminal proceeding; App. Div. reversed and granted the motions.

PEOPLE OF THE STATE OF NEW YORK v CREDIT SUISSE SECURITIES (USA), LLC (145 AD3d 533):
1st Dept. App. Div. order of 12/13/16; affirmance; leave to appeal granted by App. Div., 3/21/17; Limitation of Actions--Fraud--Whether an action brought by the Attorney General under the Martin Act and Executive Law § 63(12) for alleged investor fraud is subject to the three-year statute of limitations under CPLR 214 or the six-year statute of limitations under CPLR 213; Supreme Court, New York County, denied the motion of defendants Credit Suisse Securities (USA), LLC, et al. to dismiss the complaint pursuant to CPLR 3211(a)(5); App. Div. affirmed.

S&P GLOBAL, INC. v NEW YORK CITY TAX APPEALS TRIBUNAL (147 AD3d 640):
1st Dept. App. Div. order of 2/23/17; confirmation of decision; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Taxation--General Corporation Tax--whether income earned from petitioner's credit rating business was properly sourced on place-of-performance or origin basis pursuant to Administrative Code of the City of New York § 11-604.3(a); Constitutional Law-- Freedom of Speech--whether allocation of income from petitioner's credit rating business violated petitioner's First Amendment right to free speech; New York City Tax Tribunal reinstated Notices of Disallowance for petitioner's New York City General Corporation Tax returns for the calendar years 2003 through 2007 and a Notice of Determination applicable to the 2008 tax year; App. Div. confirmed the Tax Tribunal decision, denied the petition, and dismissed the proceeding brought pursuant to CPLR 506(b)(4) and article 78.

STEGA v NEW YORK DOWNTOWN HOSPITAL (148 AD3d 21):
1st Dept. App. Div. order of 1/10/17; reversal; leave to appeal granted by App. Div., 4/6/17; Libel and Slander--Privilege-- whether statements made by defendants to a Food and Drug Administration investigator during the course of an investigation into the hospital's institutional review board are protected by an absolute privilege in an action for defamation; Supreme Court, New York County, denied the motion of defendants New York Downtown Hospital and Stephen G. Friedman, M.D. to dismiss plaintiff's defamation cause of action as asserted against them; App. Div. reversed and granted the motion to dismiss the complaint as against New York Downtown Hospital and Stephen G. Friedman, M.D.

WALLACE (AKEEM), PEOPLE v (147 AD3d 1494):
4th Dept. App. Div. order of 2/10/17; affirmance; leave to appeal granted by Lindley, J., 3/24/17; Crimes--Possession of Weapon--Whether "place of business" exception of Penal Law § 265.03 (3) should apply to defendant restaurant manager who brought an unlicensed handgun to work and shot himself in the leg--employees prohibited from bringing firearms to work; Supreme Court, Erie County, convicted defendant, after a nonjury trial, of criminal possession of a weapon in the second degree; App. Div. affirmed.

For April 14, 2017 through April 20, 2017, the following preliminary appeal statements were filed:

COVINGTON, MATTER OF v FISCHER (2017 NY Slip Op 65753[U]):
4th Dept. App. Div. order of 2/28/17; dismissal; 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; Dismissal and Nonsuit--Motion to vacate dismissal; proceeding against body or officer; Supreme Court, Seneca County, transferred the proceeding to the Appellate Division, Fourth Department; App. Div. dismissed as untimely petitioner's motion to vacate the dismissal of his CPLR article 78 proceeding.

KISLOWSKI (JOSEPH W.), PEOPLE v (145 AD3d 1197):
3rd Dept. App. Div. order of 12/8/16; affirmance with dissents; leave to appeal granted by Lynch, J., 3/3/17; Rule 500.11 review pending; Crimes--Sentence--Probation--Sufficiency of evidence to support finding that defendant violated terms of his probation by associating with a convicted criminal--on approximately four occasions defendant contacted his former girlfriend and went to her apartment to pick up and walk the dog they once shared--whether evidence was sufficient to establish defendant's "association" with his former girlfriend and his awareness that she had been convicted of a crime; challenge to facial sufficiency of the amended violation petition; County Court, Warren County, among other things, revoked defendant's probation and sentenced him to time served; App. Div. affirmed.

THOMPSON, MATTER OF v VANCE (149 AD3d 406, 2017 NY Slip Op 02594):
1st Dept. App. Div. order of 4/14/17; denial of application; 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 remedy of prohibition is available to enjoin a criminal court from proceeding on an indictment where it is alleged that the court lacks geographic jurisdiction; claimed violations of Article I §§ 2, 6 and 11 and Article III, § 2 of the New York State Constitution; claimed Sixth Amendment violation; App. Div. denied the application pursuant to CPLR article 78 for a writ of prohibition barring any further proceedings against petitioner under New York County Indictment No. 3853/14, and dismissed the petition.

For April 21, 2017 through April 27, 2017, the following preliminary appeal statements were filed:

ANDINO, MATTER OF v MILLS (135 AD3d 407):
1st Dept. App. Div. order of 1/5/16; modification; sua sponte examination whether the amended Supreme Court judgment, entered 1/12/17, order finally determines the action within the meaning of the Constitution; Damages--Collateral source of payment--CPLR 4545--whether the Appellate Division correctly held that, under Oden v Chemung County Indus. Dev. Agency (87 NY2d 81 [1995]), the jury's award for future loss of pension benefits should have been offset by the total amount that plaintiff was projected to receive under her accidental disability pension; Supreme Court, Bronx County, after a hearing, denied defendants' motion for a collateral source offset pursuant to CPLR 4545; thereafter, Supreme Court awarded plaintiff, upon a jury verdict, the principal sums of $600,000 for past pain and suffering, $23,000,000 for future pain and suffering over 37 years, $283,422 for past lost earnings, $2,392,512 for future lost earnings over 19.24 years $2,100,000 for future medical expenses over 37 years, and $2,490,829 for future loss of pension over 17.7 years; App. Div. modified, to grant that portion of defendants' motion seeking to offset the jury's award of future pension benefits by the amount of plaintiff's accidental disability benefits, and to vacate the award for future pain and suffering and order a new trial as to such damages, unless plaintiff, within 30 days of service of a copy of the order with notice of entry, stipulated to accept a reduced award for future pain and suffering in the amount of $2.7 million and to entry of an amended judgment in accordance therewith, and otherwise affirmed; in an amended judgment, Supreme Court awarded plaintiff the sum of $3,115,802.30.

BOLT, MATTER OF v NEW YORK CITY DEPARTMENT OF EDUCATION (145 AD3d 450):
1st Dept. App. Div. order of 12/6/16; modification; leave to appeal granted by App. Div., 4/4/17; Rule 500.11 review pending; Schools--Teachers--Where teacher allegedly assisted students on a statewide exam, whether the arbitrator's penalty of termination was excessive; Supreme Court, New York County, granted the petition to vacate an arbitrator's opinion and award dated 10/15/14, terminating petitioner's employment with respondent based on her misconduct, and denied respondent's cross motion to dismiss the petition; App. Div. modified, by confirming the arbitrator's determination that petitioner is guilty as charged in specifications 2 and 3(a), (b), (c) and (d), and remanded the matter to respondent for imposition of a lesser penalty; and as so modified, affirmed.

CHECKSFIELD v BERG (148 AD3d 1376):
3rd Dept. App. Div. order of 3/16/17; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Dismissal and Nonsuit--Failure to enter default judgment within one year--whether Supreme Court properly dismissed the action as abandoned; lack of reasonable excuse for delay in entering default judgment; application of CPLR 3215(c); Supreme Court, Madison County, denied plaintiff's motion for a default judgment and granted defendant's cross motion to dismiss the complaint; App. Div. affirmed.

FOTHERINGHAM v RIVERSOURCE LIFE INSURANCE CO. OF NEW YORK (148 AD3d 1519):
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; Conflict of Laws--Whether 2001 settlement and judgment in a class action commenced in the federal District Court for the District of Minnesota barred plaintiff's state court action; whether federal court enforcement order was entitled to full faith and credit in state court action; claimed due process violation; Supreme Court, Erie County, granted defendants' cross motion to dismiss the complaint; App. Div. affirmed.

HENRY (BRYAN), PEOPLE v (144 AD3d 940):
2nd Dept. App. Div. order of 11/16/16; modification; leave to appeal granted by Stein, J., 4/13/17; Crimes--Right to Counsel--Representation on Unrelated Matter--Where defendant's right to counsel was violated when he was questioned by officers with regard to a robbery after he had been assigned counsel in connection with an arrest for marijuana possession, whether his right to counsel also was violated when he was questioned by officers on a homicide that was "factually interwoven" with the robbery charge; application of People v Cohen (90 NY2d 632 [1997]) and People v Grant (91 NY2d 989 [1998]); Supreme Court, Nassau County, denied suppression of defendant's statements to law enforcement officials relating to the murder charge; thereafter, Supreme Court convicted defendant of murder in the second degree, two counts of criminal possession of a weapon in the second degree, criminal possession of marijuana in the fifth degree, and criminal possession of stolen property in the fifth degree, and imposed sentence; App. Div. modified, by vacating the convictions of murder in the second degree, two counts of criminal possession of a weapon in the second degree, and criminal possession of stolen property in the fifth degree and vacating the sentences imposed thereon, and, as so modified, affirmed the judgment, granted the motion to suppress defendant's statements to law enforcement officials relating to the murder charge, modified the order dated 6/7/11 accordingly, and remitted the matter to Supreme Court for a new trial.