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For May 17, 2013 through May 23, 2013, the following preliminary appeal statements were filed:

BUXBAUM v CASTRO (104 AD3d 895):
2nd Dept. App. Div. order of 3/27/13; reversal; sua sponte examination whether a substantial constitutional question is directly involved or any other jurisdictional basis exists to support an appeal as of right; LIBEL AND SLANDER - SUFFICIENCY OF ALLEGATIONS OF DEFAMATION; RECORDS - MENTAL HEALTH RECORDS - SUFFICIENCY OF ALLEGATIONS OF A BREACH OF THE PSYCHOLOGIST- PATIENT PRIVILEGE; Supreme Court, Rockland County granted so much of defendant's motion as sought to dismiss the first cause of action and to strike the note of issue, and otherwise denied the motion; App. Div. reversed and granted so much of defendant's motion as sought to dismiss the second and third causes of action.

COUNTY OF SULLIVAN, MATTER OF (MATEJKOWSKI) (105 AD3d 1170):
3rd Dept. App. Div. order of 4/11/13; affirmance; 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; TAXATION - TAX LIENS, TAX SALES AND TAX TITLES - FORECLOSURE - MOTION TO VACATE DEFAULT JUDGMENT - TIMELINESS OF MOTION - COUNTY'S COMPLIANCE WITH RPTL 1124 AND 1125 - DUE PROCESS; County Court, Sullivan County, in a proceeding pursuant to RPTL article 11, among other things, denied respondent Matejkowski's motion to vacate a default judgment entered against him; App. Div. affirmed.

PEREZ (REYNALDO), PEOPLE v (2013 NY Slip Op 63657[U]):
1st Dept. App. Div. order of 2/5/13; dismissal of appeal; leave to appeal granted by Pigott, J., 5/9/13; APPEAL - APPELLATE DIVISION - DISMISSAL OF APPEAL FOR FAILURE TO TIMELY PROSECUTE; Supreme Court, Bronx County convicted defendant of two counts of depraved indifference murder and two counts of manslaughter in the first degree, and sentenced him to two consecutive prison terms of 25 years to life; App. Div. denied defendant's motion for an enlargement of time to perfect the appeal and dismissed the appeal for failure to timely prosecute.

LARRY TT., MATTER OF (68 AD3d 1229):
3rd Dept. App. Div. order of 12/3/09; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right pursuant to CPLR 5601(b); MENTAL HEALTH - PROCEEDING BY STATE OF NEW YORK SEEKING AN ORDER AUTHORIZING RESPONDENT SEX OFFENDER'S CIVIL MANAGEMENT PURSUANT TO MENTAL HYGIENE LAW - NO HEARING BEFORE OR AFTER RESPONDENT'S TRANSFER TO MENTAL HEALTH FACILITY - CLAIMED DENIAL OF DUE PROCESS AND EQUAL PROTECTION; Supreme Court, Tompkins County denied respondent's motion to dismiss an application to have respondent involuntarily admitted to a psychiatric facility (9/19/08 order), and denied respondent's motion to dismiss the petition (7/2/09 order); App. Div. affirmed both orders.

YORK v YORK (98 AD3d 1038):
2nd Dept. App. Div. order of 9/19/12; affirmance; leave to appeal granted by App. Div., 5/6/13; Rule 500.11 review pending; TRIAL - MISTRIAL - DENIAL OF MOTION FOR A MISTRIAL; JUDGES - RECUSAL - DISCRETION - DENIAL OF MOTION FOR RECUSAL; Supreme Court, Queens County denied plaintiff's motion for a mistrial and recusal in an action for a divorce and ancillary relief; App. Div. affirmed.

ZEH (VINCENT), PEOPLE v (101 AD3d 1353):
3rd Dept. App. Div. order of 12/20/12; affirmance; leave to appeal granted by Pigott, J., 5/10/13; CRIMES - RIGHT TO COUNSEL - EFFECTIVE REPRESENTATION; SUMMARY DENIAL OF CPL 440.10 MOTION - WHETHER DEFENDANT IS ENTITLED TO A HEARING ON CPL 440.10 MOTION RAISING INADEQUACY OF RETAINED TRIAL COUNSEL; MURDER; Ulster County Court, without a hearing, denied defendant's motion pursuant to CPL 440.10 to vacate the judgment convicting him of murder in the second degree; App. Div. affirmed.