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For May 12, 2017 through May 18, 2017, the following preliminary appeal statements were filed:

COKE, SR., MATTER OF v BARGNESI (2016 NY Slip Op 92906[U]):
4th Dept. App. Div. order of 11/29/16; dismissal; sua sponte examination of whether the order finally determines the proceeding within the meaning of the Constitution, whether a substantial constitutional question is directly involved to support an appeal as of right and whether any jurisdictional basis exists to support an appeal as of right; Proceeding Against Body or Officer--Certiorari--Conditional dismissal of proceeding by Appellate Division; App. Div. denied petitioner's motion for permission to proceed as a poor person, and dismissed the proceeding unless the requisite filing fee is paid within 120 days.

THE FRIENDS OF P.S. 163, INC., MATTER OF v JEWISH HOME LIFECARE, MANHATTAN; DAISY WRIGHT, MATTER OF v JEWISH HOME LIFECARE, MANHATTAN (146 AD3d 576):
1st Dept. App. Div. order of 1/19/17; reversal; leave to appeal granted by App. Div., 5/2/17; Environmental Conservation--Environmental Quality Review--Whether respondent Department of Health took the requisite "hard look" at the proposed project's anticipated adverse environmental impacts, including noise and hazardous material impacts, and provided a "reasoned elaboration" of its basis for approving the project, including the remedial measures to be employed to mitigate adverse impacts; Supreme Court, New York County, granted the petitions seeking to annul a Findings Statement issued by respondent New York State Department of Health (DOH), dated 12/10/14, approving respondent Jewish Home Lifecare, Manhattan's application to construct a 20- story nursing home facility in Manhattan, and remitted the matter to DOH for preparation of an amended Final Environmental Impact Statement to reconsider the findings on the issues of noise and hazardous materials; App. Div. reversed, denied the petitions, reinstated the Findings Statement, and dismissed the CPLR article 78 proceeding.

HAKES (BRIAN), PEOPLE v (143 AD3d 1054):
3rd Dept. App. Div. order of 10/20/16; reversal; leave to appeal granted by DiFiore, Ch.J., 4/21/17; Crimes--Sentence--Whether sentencing court had the authority to require defendant to pay for an electronic monitoring program (a Secure Continuous Remote Alcohol Monitoring [SCRAM] bracelet) as a condition of his probation--SCRAM bracelet removed when defendant told monitoring company that he was unable to make payments required for continued use of bracelet; County Court, Sullivan County, revoked defendant's probation and imposed a sentence of imprisonment; App. Div. reversed and remitted the matter to County Court for proceedings not inconsistent with the court's decision.

KHALEEL, MATTER OF v VANREIL:
2nd Dept. App. Div. order to show cause, unsigned; sua sponte examination whether there is an appealable order and whether a substantial constitutional question is directly involved to support an appeal as of right; Proceeding against Body or Officer-- Order to show cause submitted to Appellate Division--Justice declined to sign; claimed due process violations; App. Div. Justice declined to sign order to show cause.

MATTER OF KOZIOL (149 AD3d 1344):
3rd Dept. App. Div. order of 4/13/17; denial of motion; 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; Attorney and Client--Disciplinary Proceedings--Denial of motion to set aside suspension orders; alleged constitutional violations; App. Div. denied the motion by respondent attorney for an order setting aside the suspension orders dated 9/23/10 and 6/6/13 without prejudice to the filing of an application for reinstatement in compliance with the Rules of the Appellate Division, Third Department (22 NYCRR) § 806.16(a) and the Uniform Rules for Attorney Disciplinary Matters (22 NYCRR) § 1240.16.

LEMMA, MATTER OF v NASSAU COUNTY POLICE OFFICER INDEMNIFICATION BOARD (147 AD3d 760):
2nd Dept. App. Div. order of 2/1/17; affirmance; leave to appeal granted by Court of Appeals, 5/9/17; Counties--Defense and Indemnification of Employee--Whether police officer's actions were within the "proper discharge of his duties," thereby entitling him to defense and indemnification under General Municipal Law § 50-1; whether respondent Board's determination denying defense and indemnification was arbitrary and capricious; Supreme Court, Nassau County, denied the petition and dismissed the proceeding brought pursuant to CPLR article 78 to review a 5/22/09 determination of the Nassau County Police Officer Indemnification Board that petitioner was not entitled to defense or indemnification in an action in U.S. District Court for the Eastern District of New York; App. Div. affirmed.

MOORE v GUERRA (2017 NY Slip Op 68510[U]):
2nd Dept. App. Div. order of 3/27/17; 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; Appeal--Appellate Division--Denial of motion for various types of relief related to trial and appeal; Supreme Court, Kings County, denied plaintiff's motion seeking recusal of Hon. Dawn Jimenez-Salta; App. Div. denied appellant's motion to direct Supreme Court "to send the case to the jury," to recuse certain Appellate Division Justices from determining the appeal, to transfer the appeal to the Appellate Division, First Department, for a preference in the calendaring of the appeal and for poor person relief.

SICA, MATTER OF v DiNAPOLI (141 AD3d 799):
3rd Dept. App. Div. judgment of 7/7/16; annulled determination; leave to appeal granted by Court of Appeals, 5/9/17; Civil Service--Retirement and Pension Benefits-- Accidental disability retirement--whether the Appellate Division correctly held that the record did not contain substantial evidence to support the Comptroller's determination that petitioner firefighter's injuries from being exposed to colorless and odorless gases while responding to an emergency at a supermarket were not the result of an "accident" within the meaning of Retirement and Social Security Law § 363; App. Div. annulled respondent's determination denying petitioner's application for accidental disability retirement benefits, and remitted the matter to respondent for further proceedings not inconsistent with the court's decision.

TOMHANNOCK, LLC v ROUSTABOUT RESOURCES, LLC (149 AD3d 1219):
3rd Dept. App. Div. order of 4/6/17; affirmance with two-Justice dissent; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution; Specific Performance--When Remedy Appropriate-- Whether plaintiff, which entered into an option agreement whereby buyers of a parcel of real property agreed to reconvey a portion of the parcel to plaintiff upon plaintiff's request, was entitled to specific performance of the option agreement despite the fact that plaintiff was unable to record the necessary deed due to a failure to obtain subdivision approval; Supreme Court, Rensselaer County, denied defendant's motion for summary judgment and granted plaintiff's cross motion for partial summary judgment seeking specific performance; App. Div. affirmed.

For May 19, 2017 through May 25, 2017, the following preliminary appeal statements were filed:

BURNS v GOYAL (145 AD3d 952):
2nd Dept. App. Div. order of 12/28/16; reversal; leave to appeal granted by Court of Appeals, 5/9/17; Rule 500.11 review pending; Physicians and Surgeons--Malpractice-- Wrongful death--Whether the Appellate Division properly granted defendants' motions for summary judgment--various physicians' duties of care regarding prescriptions, heart condition and kidney biopsy--expert affidavits used on summary judgment motions; Supreme Court, Suffolk County, denied certain defendants' separate motions for summary judgment dismissing the complaint as asserted against each of them; App. Div. reversed insofar as appealed from, and granted certain defendants' separate motions for summary judgment dismissing the complaint as asserted against each of them.

CLEMENT v DURBAN (147 AD3d 39):
2nd Dept. App. Div. order of 12/21/16; affirmance; leave to appeal granted by App. Div., 5/9/17; Constitutional Law--Privileges and Immunities Clause--Whether the requirements of CPLR 8501(a) and 8503 that nonresident plaintiffs maintaining lawsuits in New York courts post security for the costs for which they would be liable if their lawsuits were unsuccessful violate the Privileges and Immunities Clause of the United States Constitution (US Const, art IV, § 2); claimed due process and equal protection violations; Supreme Court, Kings County, granted defendants' motion pursuant to CPLR 8501(a) and 8503 to direct plaintiff to post security for costs in the amount of $500; App. Div. affirmed.

HAUG, MATTER OF v STATE UNIVERSITY OF NEW YORK AT POTSDAM (149 AD3d 1200):
3rd App. Div. order of 4/6/17; annulling a determination; Schools--Students-- Whether substantial evidence supported university's determination finding a student guilty of sexual misconduct in violation of the student code of conduct; Proceeding against body or officer--CPLR article 78 proceeding to review the university's determination; Evidence--hearsay accounts of incident as reported by complainant to campus police officer and director of student conduct; Supreme Court, St. Lawrence County, transferred the proceeding to the Appellate Division, Third Department; App. Div. annulled respondent university's determination finding petitioner guilty of sexual misconduct in violation of respondent's code of conduct, granted the petition and directed respondent university to expunge all references to the matter from petitioner's school record.

RUTH JOANNA O. O., MATTER OF (149 AD3d 32):
1st Dept. App. Div. order of 2/28/17; affirmance; leave to appeal granted by App. Div., 4/27/17; Rule 500.11 review pending; Parent, Child and Family--Abused or Neglected Child--Whether a preponderance of the evidence supports the finding that the mother's untreated mental condition exposed the subject child to risk of imminent harm and that mother therefore neglected the child; Family Court Act § 1012(f)(i); Family Court, Bronx County, determined that mother neglected the subject child; App. Div. affirmed.

WATSON v STATE OF NEW YORK (147 AD3d 708):
1st Dept. App. Div. order of 2/28/17; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right and whether any other jurisdictional basis exists for an appeal as of right; State-- Claim Against State--Dismissal of claims by Court of Claims; Court of Claims dismissed Claim Nos. 126184 and 125779; App. Div. affirmed.