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For May 6, 2011 through May 12, 2011, the following preliminary appeal statements were filed:

BISSELL, MATTER OF v TOWN OF AMHERST (79 AD3d 1638):
4th Dept. App. Div. order of 12/30/10; modification; leave to appeal granted by Court of Appeals, 5/5/11; WORKERS' COMPENSATION - THIRD-PARTY ACTION - APPORTIONMENT OF LITIGATION COSTS - FUTURE MEDICAL PAYMENTS - WHETHER THE APPELLATE DIVISION ERRED IN DISALLOWING PETITIONER FROM PRESENTLY RECOVERING FROM THE NEW YORK STATE INSURANCE FUND THOSE LITIGATION COSTS TRACEABLE TO THE FUTURE MEDICAL EXPENSES THAT PETITIONER RECOVERED IN A PERSONAL INJURY ACTION - WORKERS' COMPENSATION LAW §§ 13(a), 29(1) - MATTER OF KELLY v STATE INS. FUND (60 NY2d 131 [1983]); Supreme Court, Erie County granted petitioner's application to extinguish respondent New York State Insurance Fund's Workers' Compensation Law § 29 lien; App. Div. modified the judgment by denying those parts of the petition seeking to extinguish the lien against proceeds that petitioner obtained in a third-party action and seeking to recover from respondent Insurance Fund its share of litigation costs related to future medical payments, affirmed the judgment as so modified, and remitted to Supreme Court for further proceedings in accordance with the court's memorandum.

DOMBROWSKI v BULSON (79 AD3d 1587):
4th Dept. App. Div. order of 12/30/10; modification; leave to appeal granted by App. Div., 4/29/11; ATTORNEY AND CLIENT - MALPRACTICE - WRONGFUL CRIMINAL CONVICTION - AVAILABILITY OF NONPECUNIARY DAMAGES FOR PLAINTIFF'S LOSS OF LIBERTY; Supreme Court, Allegany County granted defendant's motion for summary judgment dismissing a complaint alleging legal malpractice, and denied plaintiff's cross motion for summary judgment; App. Div. modified by denying the motion in part and reinstating the complaint only insofar as it seeks damages for nonpecuniary loss, and affirmed the order as so modified.

HAHN AUTOMOTIVE WAREHOUSE, INC. v AMERICAN ZURICH INSURANCE COMPANY (81 AD3d 1331):
4th Dept. App. Div. order of 2/10/11; modification; leave to appeal granted by App. Div., 4/29/11; CONTRACTS - BREACH OF CONTRACT - ACTION BY INSURED SEEKING DETERMINATION THAT ANY CLAIMS BY INSURERS FOR PAYMENTS PURSUANT TO SEVERAL INSURANCE CONTRACTS WERE TIME- BARRED - COUNTERCLAIM BY INSURERS SEEKING DETERMINATION THAT INSURERS WERE ENTITLED TO SATISFY ANY PART OF INSURED'S OUTSTANDING DEBT FROM PREVIOUSLY ISSUED LETTER OF CREDIT - CONSTRUCTION OF CONTRACT TERMS; SUMMARY JUDGMENT; STATUTE OF LIMITATIONS; Monroe County Court, among other things, granted plaintiff's cross motion for partial summary judgment and denied those parts of defendants' motion seeking summary judgment dismissing the second through fourth causes of action against them; App. Div. modified by granting those parts of defendants' motion seeking summary judgment dismissing the second through fourth causes of action, and affirmed the order as so modified.

WOLFE v KELLY (79 AD3d 406):
3/18/11 Administrative Determination, bringing up for review prior nonfinal 1st Dept. App. Div. order of 12/2/10; sua sponte examination whether a substantial constitutional question was directly involved in the prior nonfinal App. Div. order so as to support an appeal pursuant to CPLR 5601(d); ADMINISTRATIVE LAW - HEARING - WHETHER APPELLANT WAS DEPRIVED OF A HEARING OFFICER WHO WAS IMPARTIAL OR HAD THE APPEARANCE OF IMPARTIALITY; PROCEEDING AGAINST BODY OR OFFICER - SUBSTANTIAL EVIDENCE; App. Div. annulled prior determination terminating petitioner's employment as a detective, granted the petition to the extent of dismissing Specification Nos. 1 and 2, and remanded to the administrative agency for a determination of a new penalty on Specification No. 3; thereafter, administrative agency determined that previously-imposed penalty of dismissal from the New York City Police Department was still warranted.

For May 13, 2011 through May 19, 2011, the following preliminary appeal statements were filed:

ABACUS FEDERAL SAVINGS BANK v ADT SECURITY SERVICES, INC. (77 AD3d 431):
1st Dept. App. Div. order of 10/12/10; reversal; leave to appeal granted by Court of Appeals, 5/5/11; NEGLIGENCE - BREACH OF CONTRACT - ACTION BY BANK TO RECOVER DAMAGES AGAINST SECURITY AND ALARM COMPANIES FOR LOSSES RESULTING FROM A BURGLARY - WHETHER PLAINTIFF STATED CAUSES OF ACTION FOR COMMON LAW GROSS NEGLIGENCE AND BREACH OF CONTRACT THAT ARE NOT BARRED BY EXCULPATORY CLAUSES IN THE ALARM CONTRACTS; DISMISSAL AND NONSUIT; WHETHER BANK HAS STANDING TO SUE FOR LOSSES INCURRED BY SAFE DEPOSIT CUSTOMERS AS A RESULT OF BURGLARY; Supreme Court, New York County denied so much of defendants' motions as sought to dismiss the causes of action for breach of contract and gross negligence; App. Div. reversed, granted in their entirety the motions of defendants ADT and Diebold to dismiss the amended complaint as against them, and dismissed the amended complaint as against those defendants.

BAKER, MATTER OF v POUGHKEEPSIE CITY SCHOOL DISTRICT (73 AD3d 916):
2nd Dept. App. Div. judgment of 5/11/10; annulment of agency determination; leave to appeal granted by Court of Appeals, 3/24/11; ADMINISTRATIVE LAW - HEARING - CPLR ARTICLE 78 PROCEEDING TO REVIEW A DETERMINATION OF THE BOARD OF EDUCATION OF THE POUGHKEEPSIE CITY SCHOOL DISTRICT - WHETHER TWO BOARD MEMBERS WHO TESTIFIED AT THE DISCIPLINARY HEARING OF THE SCHOOL DISTRICT'S BUSINESS MANAGER SHOULD HAVE DISQUALIFIED THEMSELVES FROM REVIEWING THE HEARING OFFICER'S DETERMINATION FINDING PETITIONER GUILTY OF MISCONDUCT AND/OR INCOMPETENCE; CIVIL SERVICE LAW § 75; BACK PAY AND BENEFITS; App. Div. granted a CPLR article 78 petition to review a determination of the Board of Education of the Poughkeepsie City School District which adopted the findings and recommendations of a hearing officer, finding petitioner guilty of eight charges of misconduct and/or incompetence, and terminated his employment; annulled the determination, and remitted the matter to respondent Board of Education, excluding the Board members who testified at the disciplinary hearing, for a review of the findings and recommendations of the hearing officer and a determination of the amount of back pay and benefits owed to petitioner, if any, and for a new determination thereafter.

BOARD OF MANAGERS OF COPLEY COURT CONDOMINIUM, MATTER OF v TOWN OF OSSINING (79 AD3d 1032):
2nd Dept. App. Div. order of 12/21/10; reversal; leave to appeal granted by Court of Appeals, 5/3/11; TAXATION - ASSESSMENT - JUDICIAL REVIEW - FAILURE TO SERVE SCHOOL SUPERINTENDENT - WHETHER PETITIONER'S "GEOGRAPHICAL MISTAKE" IN SERVING PETITIONS ON THE SUPERINTENDENT OF SCHOOLS OF A NEIGHBORING SCHOOL DISTRICT, RATHER THAN ON THE SUPERINTENDENT OF SCHOOLS OF THE SCHOOL DISTRICT IN WHICH IT OWNS CERTAIN REAL PROPERTY, CONSTITUTED "GOOD CAUSE" TO EXCUSE ITS FAILURE TO SERVE THE CORRECT SCHOOL DISTRICT AND TO ALLOW IT TO EFFECT SUCH SERVICE NUNC PRO TUNC - RPTL 708(3); Supreme Court, Westchester County denied Briarcliff Manor Union Free School District's motion to dismiss the proceedings on the ground that the petitions were not served upon its Superintendent of Schools and granted the petitioner's cross motion for leave to serve the petitions upon the Superintendent of Schools of the Briarcliff Manor Union Free School District nunc pro tunc; App. Div. reversed, granted Briarcliff Manor Union Free School District's motion to dismiss the proceedings on the ground that the petitions were not served upon its Superintendent of Schools, and denied petitioner's cross motion for leave to serve the petitions upon the Superintendent of Schools of the Briarcliff Manor Union Free School District nunc pro tunc.

DIMERY v ULSTER SAVINGS BANK (82 AD3d 1034):
2nd Dept. App. Div. order of 3/22/11; 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; JUDGMENTS - VACTUR OF JUDGMENT; OCCUPANCY OF REAL ESTATE - EVICTION; Supreme Court, Putnam County denied plaintiff's motion to vacate a 10/26/00 Supreme Court judgment providing, among other things, for the eviction of plaintiff from her home and enjoining her from bringing any further motions without the permission of Supreme Court; App. Div. affirmed.

GAMMON (BRIAN), PEOPLE v (30 Misc 3d 46):
App. Term, 9th and 10th Judicial Districts, order of 12/15/10; affirmance; leave to appeal granted by Lippman, Ch.J., 5/9/11; CRIMES - SENTENCE - RESENTENCE OF ADDITIONAL TIME IN JAIL TO REMEDY ERROR BY JAIL PERSONNEL RESULTING IN DEFENDANT'S RELEASE; SEARCH OF THE RECORD BY APPELLATE TERM TO DETERMINE WHAT SENTENCE ORIGINALLY INTENDED BY DISTRICT COURT - CPL 430.10; INCREASE IN SENTENCE BY TRIAL COURT AFTER SENTENCE PRONOUNCED AND AFTER DEFENDANT REMANDED TO CORRECTIONAL FACILITY; DOUBLE JEOPARDY; 1st District Court, Suffolk County imposed an additional 60 days in jail, upon defendant's admission to a violation of probation; App. Term affirmed.

MANKO v LENOX HILL HOSPITAL (2011 NY Slip Op 63513[U]): ( 2011 NY Slip Op 63995[U]): ( 2011 NY Slip Op 65964[U]):
2nd Dept. App. Div. orders of 2/8/11, 2/14/11 and 3/4/11; sua sponte examination 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 from the App. Div. order; APPEAL - CHALLENGES TO VARIOUS APPELLATE DIVISION ORDERS, ONE OF WHICH, AMONG OTHER THINGS, DISMISSED PLAINTIFF'S APPEALS FROM FOUR SUPREME COURT ORDERS; App. Div. denied that branch of plaintiff's motion which was to enlarge the time to perfect appeals from one Supreme Court order dated May 15, 2009 and three Supreme Court orders dated August 14, 2009, dismissed the appeals on the court's own motion for failure to comply with the rules and a prior order of the court, and otherwise denied the motion as academic; among other things, granted that branch of plaintiff's motion which was, in effect, for leave to reargue her prior motion to waive certain rule requirements regarding the certification of an appendix, and, upon reargument, deleted one decretal paragraph of the prior order granting the motion and replaced it with a decretal paragraph setting a new date for the service and filing of a replacement appendix that did not contain certain designated material; thereafter, on the court's own motion, the court amended the February 14, 2011 order by deleting the date set therein for the service and filing of a replacement appendix and substituting a new date therefor.

McCABE v ST. PAUL FIRE AND MARINE INSURANCE COMPANY (79 AD3d 1612):
4th Dept. App. Div. order of 12/30/10; affirmance; leave to appeal granted by Court of Appeals, 5/3/11; INSURANCE - DUTY TO DEFEND AND INDEMNIFY - INSURANCE COMPANY'S OBLIGATION UNDER A CLAIMS-MADE PROFESSIONAL LIABILITY POLICY TO INDEMNIFY ATTORNEY IN UNDERLYING MALPRACTICE ACTION - WHETHER INSURANCE LAW § 3420(a)(4) APPLIES TO THE REPORTING REQUIREMENT CONTAINED IN A CLAIMS-MADE POLICY SO THAT COVERAGE EXISTS EVEN THOUGH THE CLAIM WAS REPORTED TO THE INSURANCE COMPANY ONLY AFTER THE POLICY PERIOD EXPIRED; Supreme Court, Erie County granted defendant St. Paul Fire Insurance Company's motion for leave to reargue and, upon reargument, adhered to its ruling that such defendant was obligated to indemnify defendant David E. Fretz, Esq. for an award of compensatory damages obtained by plaintiffs and not an award of treble damages; App. Div. affirmed.

McCAIN v STATE OF NEW YORK (2011 NY Slip Op 62333[U]):
2nd Dept. App. Div. order of 1/26/11; denial of reargument; 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 WAIVE PAYMENT OF FILING FEE AND FOR FREE TRANSCRIPTS; App. Div., among other things, granted the branch of appellant's motion which was for leave to prosecute the appeal on the original papers, directed that the appeal will be heard on the original papers and on the briefs of the parties, and denied those branches of appellant's motion seeking to waive payment of the filing fee and for free transcripts; thereafter, the same court denied appellant's motion for leave to reargue those branches of his prior motion which were to waive payment of the filing fee and for free transcripts, and, on the Court's own motion, enlarged appellant's time to perfect the appeal until March 28, 2011.

REDFORD v CUOMO and BITTON:
Court of Claims orders of 5/11/10, 10/13/10 and 2/23/11; dismissal; sua sponte examination whether any jurisdictional basis exists for a direct appeal from the orders of the New York Court of Claims dated October 13, 2010, May 11, 2010 and February 23, 2011; STATE - CLAIM AGAINST STATE - CHALLENGE TO ORDERS OF COURT OF CLAIMS DISMISSING VARIOUS CLAIMS; Court of Claims, in three orders, dismissed Claim Nos. 118003, 118004, 118086 and 118087.

For May 20, 2011 through May 26, 2011, the following preliminary appeal statements were filed:

ALBANY LAW SCHOOL, MATTER OF v NEW YORK STATE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES (81 AD3d 145):
3rd Dept. App. Div. order of 1/27/11; modification; leave to appeal granted by App. Div., 5/13/11; DISCLOSURE - MEDICAL RECORDS AND REPORTS - ACCESS BY PROTECTION AND ADVOCACY AGENCIES TO MENTAL HYGIENE FACILITY CLINICAL RECORDS; MENTAL HYGIENE LAW §§ 33.13(c)(4) and 45.09(b) - COMBINED ARTICLE 78 PROCEEDING AND ACTION PURSUANT TO 42 USC § 1983; PARTIAL DISMISSAL OF PETITION/COMPLAINT; Supreme Court, Albany County, among other things, partially granted respondents' motion to dismiss the petition/complaint; App. Div. modified by reversing so much of the Supreme Court order as denied petitioners access to (1) records under Mental Hygiene Law § 33.13(c)(4) of developmentally disabled individuals who are unable to consent and have actively involved family members who are not a legal guardian, conservator or other legal representative as defined by federal regulations and (2) records under Mental Hygiene Law § 45.09(b), and affirmed as so modified.

ALEXANDER (HANS), PEOPLE v (82 AD3d 619):
1st Dept. App. Div. order of 3/29/11; affirmance; leave to appeal granted by McGuire, J., 5/17/11; CRIMES - PLEA OF GUILTY - VOLUNTARINESS OF A GUILTY PLEA CONDITIONED ON THE WITHDRAWAL OF PENDING SPEEDY TRIAL CLAIM; Supreme Court, Bronx County convicted defendant, on his guilty plea, of criminal sale of a controlled substance in the fifth degree and sentenced him, as a second felony offender, to a term of 1 1/2 years; App. Div. affirmed.

BECKER, ESTATE OF v MURTAGH (75 AD3d 575):
2nd Dept. App. Div. order of 7/20/10; reversal; leave to appeal granted by Court of Appeals, 3/29/11; ADVERSE POSSESSION - HOSTILE POSSESSION; EASEMENT BY PRESCRIPTION; DISPUTE CONCERNING BOARDWALK AND DOCK ON BEACHFRONT LOT; DOCTRINE OF PRACTICAL LOCATION OF A BOUNDARY LINE; Supreme Court, Suffolk County, among other things, declared that the plaintiff Estate established title to the disputed strip of land and dock by adverse possession, declared that plaintiffs Koelsch and O'Hara established an easement by prescription over the disputed strip of land, dock, and area of beachfront property, and declared that the easements recorded by Robert E. Becker with the Suffolk County Clerk on 5/19/05 are valid and binding; App. Div. reversed, granted defendants' motion for summary judgment, denied plaintiffs' cross motion for summary judgment, and declared that plaintiffs have no rights in the disputed property and that the easements recorded by Robert E. Becker with the Suffolk County Clerk on 5/19/05 are invalid and void.

BHUGRA v MASSACHUSETTS CASUALTY INSURANCE COMPANY (2011 NY Slip Op 68561[U]):
1st Dept. App. Div. order of 3/31/11; denial of motions; 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 - CHALLENGE TO APPELLATE DIVISION ORDER DENYING MOTION - CLAIMED DUE PROCESS VIOLATION ARISING FROM PURPORTED DISMISSAL OF APPEAL BASED UPON PLAINTIFF'S FAILURE TO TIMELY PERFECT THE APPEAL; App. Div. denied plaintiff's motion for renewal of so much of a prior order as denied her motion for, among other things, vacatur of prior orders dismissing certain of her appeals and for additional attentive relief, including leave to appeal to the Court of Appeals.

GEORGE (WILLIAM), PEOPLE v (79 AD3d 1148):
2nd Dept. App. Div. order of 12/28/10; affirmance; leave to appeal granted by Pigott, J., 5/18/11; Rule 500.11 review pending; CRIMES - RIGHT TO PUBLIC TRIAL - CLOSURE OF COURTROOM - TRIAL COURT EXCLUDED SPECTATORS, INCLUDING DEFENDANT'S MOTHER, FROM THE COURTROOM DURING THE JURY VOIR DIRE DUE TO LACK OF SPACE AND PROXIMITY TO PROSPECTIVE JURORS; PRESERVATION; Supreme Court, Kings County convicted defendant, after a jury trial, of robbery in the first degree and robbery in the second degree, and imposed sentence; App. Div. affirmed.

HARDY, MATTER OF v TRICO (81 AD3d 1047):
3rd Dept. App. Div. order of 2/10/11; affirmance; leave to appeal granted by Court of Appeals, 5/10/11; Rule 500.11 review pending; WORKERS' COMPENSATION - WHETHER THE 2007 AMENDMENTS TO THE WORKERS' COMPENSATION LAW REQUIRE EMPLOYERS TO DEPOSIT THE PRESENT VALUE OF THE UNCAPPED PERMANENT PARTIAL DISABILITY AWARD INTO THE AGGREGATE TRUST FUND FOR CLAIMS WITH DATES OF INJURY PRIOR TO MARCH 14, 2007 - WORKERS' COMPENSATION LAW § 27(2); App. Div. affirmed the 5/22/09 decision of the Workers' Compensation Board which, among other things, directed the employer's workers' compensation carrier to make a deposit into the aggregate trust fund pursuant to Workers' Compensation Law § 27(2).

HUSSEIN, MATTER OF v STATE OF NEW YORK (81 AD3d 132):
3rd Dept. App. Div. order of 1/13/11; affirmance; leave to appeal granted by App. Div., 5/6/11; Rule 500.11 review pending; COURTS - RIPENESS DOCTRINE - APPEAL - ACADEMIC AND MOOT QUESTIONS - ACTION FOR DECLARATORY AND INJUNCTIVE RELIEF BASED UPON CLAIMS THAT PLAINTIFFS' CHILDREN ARE BEING DEPRIVED OF THE RIGHT TO A SOUND BASIC EDUCATION IN VIOLATION OF NY CONSTITUTION, ARTICLE XI, § 1, BECAUSE THE SCHOOL DISTRICTS WHERE THEY ATTEND SCHOOL, ALL OF WHICH ARE LOCATED OUTSIDE NEW YORK CITY, ARE SUBSTANTIALLY UNDERFUNDED - WHETHER PLAINTIFFS' CLAIMS ARE NOT RIPE FOR REVIEW BECAUSE THEY ARE BASED UPON DATA OBTAINED BEFORE THE ENACTMENT OF EDUCATION AID REFORM LEGISLATION IN 2007 (L 2007, ch 57, as amended) OR ARE MOOT BECAUSE OF THE ENACTMENT OF SUCH LEGISLATION; Supreme Court, Albany County denied defendants' motion to dismiss the complaint on the basis that plaintiffs' claims are not ripe for review or are moot; App. Div. affirmed.

MANKO, MATTER OF v NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL (2011 NY Slip Op 63576[U]):
2nd Dept. App. Div. order of 2/8/11; dismissal of appeal; sua sponte examination whether any jurisdictional basis exists to support an appeal as of right from the 2/8/11 App. Div. order; APPEAL - CHALLENGE TO APPELLATE DIVISION ORDER THAT, AMONG OTHER THINGS, ON THE COURT'S OWN MOTION, DISMISSED APPEALS FROM TWO SUPREME COURT ORDERS FOR FAILURE TO COMPLY WITH THE COURT'S RULES AND WITH PRIOR ORDER REGARDING THE TIMELY PERFECTION OF THE APPEAL; Supreme Court, Kings County dismissed CPLR article 78 petitions filed under index numbers 32331/08 and 26610/08; App. Div. denied that branch of appellant's motion which was to enlarge the time to perfect the appeal, dismissed the appeal on the court's own motion for failure to comply with the court's rules and prior order, and otherwise denied the motion as academic.

OTR MEDIA GROUP, INC. v THE CITY OF NEW YORK (83 AD3d 451):
1st Dept. App. Div. order of 4/7/11; affirmance; sua sponte examination whether so much of the App. Div. order appealed from as affirms the denial of a preliminary injunction finally determines the action within the meaning of the Constitution and, as to so much of the App. Div. order as affirms the granting of defendants' motions for summary judgment, whether a substantial constitutional question is directly involved to support an appeal as of right; CONSTITUTIONAL LAW - VALIDITY OF REGULATION - REGULATIONS RESTRICTING OUTDOOR ADVERTISING SITUATED WITHIN VIEW OF ARTERIAL HIGHWAYS AND PUBLIC PARKS AND IMPOSING SUBSTANTIAL PENALTIES FOR VIOLATIONS - ALLEGED VIOLATION OF PLAINTIFF'S RIGHTS TO EQUAL PROTECTION (NY Const, art I, § 11) AND TO BE FREE OF EXCESSIVE FINES (NY Const, art I, § 5); Supreme Court, New York County granted defendants' motions for summary judgment dismissing the amended complaint, and denied plaintiff's motion for a preliminary injunction; App. Div. affirmed.

SCHMIDT, MATTER OF v FALLS DODGE, INC. [WORKERS' COMPENSATION BOARD] (67 AD3d 1303):
3rd Dept. App. Div. order of 11/25/09; affirmance; leave to appeal granted by Court of Appeals, 5/10/11; WORKERS' COMPENSATION - AWARD - WHETHER SCHEDULE LOSS OF USE AWARD IS SUBJECT TO NON-SCHEDULE AWARDS IN OTHER WORKERS' COMPENSATION CASES WHERE AWARDS WERE MADE AT THE MAXIMUM STATUTORY RATE AND COVER THE SAME PERIODS - WORKERS' COMPENSATION LAW § 15(6); App. Div. affirmed a decision of the Workers' Compensation Board, which ruled that claimant's schedule loss of use award is not subject to claimant's awards in other workers' compensation cases.