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For May 17, 2019 through May 23, 2019, the following preliminary appeal statements were filed:

EPIPHANY COMMUNITY NURSERY SCHOOL v LEVEY (171 AD3d 1):
1st Dept. App. Div. order of 2/5/19; modification; leave to appeal granted by App. Div., 5/7/19; Rule 500.11 review pending; Limitations of Actions--Fraud--Whether plaintiff's fraud claim, based on defendant's unauthorized transfers from plaintiff's bank account between 2007 and 2013, is time-barred; Pleading--Sufficiency of Pleading--whether complaint sufficiently states a cause of action sounding in fraud; Supreme Court, New York County, granted defendant's motions to dismiss the complaint as against them pursuant to CPLR 321(a)(5); App. Div. modified to deny Hugh W. Levey's motion to dismiss as to the claims for fraud and breach of fiduciary duty, and to deny the collateral defendants' motion to dismiss as to the claims for aiding and abetting fraud for the bank transfers, and otherwise affirmed.

CAJIGAS, MATTER OF v STANFORD (169 AD3d 1168):
3rd Dept. App. Div. order of 2/21/19; modification; leave to appeal granted by App. Div., 5/3/19; Rule 500.11 review pending; Crimes--Sex Offenders--Whether petitioner is subject to Executive Law § 259-c (14), which prohibits certain inmates being released from custody from knowingly entering into or upon any school- grounds; petitioner, a level three sex offender, was serving a sentence for an offense not enumerated in section 259-c prior to his release from custody; Supreme Court, Albany County, dismissed petitioner's application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to review a determination of the Board of Parole interpreting Executive Law § 259-c (14); App. Div. modified and granted the petition to the extent of declaring that petitioner is not subject to the school grounds restriction set forth in Executive Law § 259-c (14).

MANCUSO v KALEIDA HEALTH (— AD3d —, 2019 NY Slip Op 03520):
4th Dept. App. Div. order of 5/3/19; affirmance; Rule 500.11 review pending; Contribution--Apportionment of Liability among Joint Tortfeasors--Whether Supreme Court properly precluded defendant from asserting CPLR article 16 defense at trial; defendant hospital, which treated decedent before her death, sought to introduce evidence of fault of third-party defendants, rehabilitation centers where decedent was treated after her release from the hospital; Supreme Court, Erie County, awarded plaintiff money damages upon a jury verdict; App. Div. affirmed.

NEGRON, PEOPLE ex rel. v SUPERINTENDENT, WOODBOURNE CORRECTIONAL FACILITY (170 AD3d 12):
3rd Dept. App. Div. order of 2/21/19; reversal; leave to appeal granted by App. Div., 5/3/19; Crimes--Sex Offenders--Whether petitioner is subject to Executive Law § 259-c (14),which prohibits certain inmates being released from custody from knowingly entering into or upon any school grounds; petitioner, a level three sex offender, was serving a sentence for an offense not enumerated in section 259-c prior to his release from custody; Supreme Court, Sullivan County, denied petitioner's CPLR article 70 application for a writ of habeas corpus; App. Div. reversed, converted the CPLR article 70 proceeding to a CPLR article 78 proceeding, and granted the petition to the extent of annulling that part of the determination of the Board of Parole as found that petitioner is subject to the school-grounds restriction set forth in Executive Law § 259-c (14).

THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK v D'AGOSTINO SUPERMARKETS, INC. (168 AD3d 594):
1st Dept. App. Div. order of 1/29/19; affirmance; leave to appeal granted by Court of Appeals, 5/7/19; Damages--Liquidated Damages--Whether liquidated damages provision of a commercial lease surrender agreement was enforceable; Supreme Court, New York County, denied plaintiff's motion for summary judgment on the complaint, and granted defendant's cross motion for summary judgment striking plaintiff's claim for liquidated damages and for entry of judgment against defendant in the amount of $175,751.73, with interest accrued from October 14, 2016 to the date of judgment; App. Div. affirmed.

For May 24, 2019 through May 30, 2019, the following preliminary appeal statements were filed:

SAMUEL D., MATTER OF v MID-HUDSON FORENSIC PSYCHIATRIC CENTER (171 AD3d 1172):
2nd Dept. App. Div. order of 4/24/19; modification; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Incapacitated and Mentally Disabled Persons--Involuntary Administration of Drug--Whether nondurational order authorizing the involuntary administration of medication to patient at secure psychiatric facility violates the due process clause; Supreme Court, Orange County, granted the petition seeking authorization to administer a course of medication to a patient without his consent; App. Div. modified, by deleting the provisions of the 12/6/17 order authorizing the administration of Valproic Acid and Benztropine, and as so modified, affirmed.

PENA (ROBIN), PEOPLE v (61 Misc 3d 134(A)):
App. Term, 1st Dept. order of 10/29/18; affirmance; leave to appeal granted by Garcia, J., 5/14/19; Crimes--Unlawful Search and Seizure--Whether police officer made objectively reasonable mistake of law in stopping defendant's vehicle, which had working brake lights on right and left sides as required by Vehicle and Traffic Law § 375(40)(b), but defective center brake light, which is not a traffic violation; Criminal Court of the City of New York, Bronx County, granted defendant's motion to suppress physical evidence and statements (order 2/23/17); and thereafter dismissed the accusatory instrument (order 8/21/17); App. Term inter alia, affirmed the 2/23/17 order and dismissed as academic the appeal from the 8/21/17 order.

POOLER v STATE OF NEW YORK:
Court of Claims order of 2/21/19; dismissal; sua sponte examination whether (1) appellant is a party aggrieved within the meaning of the CPLR 5511 and (2) any jurisdictional basis exists for an appeal as of right; State--Claim Against State-- Dismissal of claim for failure to appear; alleged constitutional violations; Court of Claims dismissed plaintiff's claims.

SUGAMELE v THE TOWN OF HEMPSTEAD (169 AD3d 852):
2nd Dept. App. Div. order of 2/13/19; reversal; 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; Admiralty–Maritime Action–Whether triable issues of fact exist regarding defendant Town's comparative fault; plaintiffs, passengers on a boat who were injured when boat collided with island, alleged that defendant Town was negligent in the placement and maintenance of buoys marking a channel around the island; claimed governmental immunity; Supreme Court, Nassau County, granted defendant's motion for summary judgment dismissing the complaints; and thereafter, dismissed the complaints; App. Div. reversed, denied defendant's motion for summary judgment dismissing the complaints, and reinstated the complaints.

MATTER OF MICAH T.:
Family Court order of 3/16/18; denial of parental rights; sua sponte examination whether any jurisdictional basis exists for an appeal as of right; Parent, Child and Family--Termination of Parental Rights--alleged constitutional violations; Family Court, New York County, denied mother's petition for custody of child Micah T.; granted father's petition for custody of the child Micah T., granted agency's petition to revoke a suspended judgment with respect to mother's three other children, terminated mother's parental rights with respect to those children, and transferred the care and custody of the subject children to petitioning agency for the purpose of adoption.

WAHAB, MATTER OF v MAPLE CREST GARDEN APARTMENTS (171 AD3d 1193):
2nd Dept. App. Div. order of 4/24/19; affirmance; sua sponte examination whether any jurisdictional basis exists for an appeal as of right; Parties--Necessary Parties--In proceeding challenging determination of New York State Division of Human Rights (DHR), whether Supreme Court properly dismissed proceeding based on petitioner's failure to name DHR as a necessary party; Supreme Court, Suffolk County, granted respondents' motion to dismiss the petition, dismissed the proceeding, in effect, pursuant to `CPLR article 78 to review a determination of the New York State Division of Human Rights, and denied petitioner's cross motions, inter alia, for leave to amend the petition to add the New York State Division of Human Rights as a party; App. Div. affirmed.