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For May 31, 2019 through June 6, 2019, the following preliminary appeal statements were filed:

HAIMS, MATTER OF v LEHMANN (171 AD3d 1176):
2nd Dept. App. Div. order of 4/24/19; modification; 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; Parent, Child and Family--Custody--Whether maternal aunt demonstrated existence of extraordinary circumstances warranting award of physical custody to her rather than to child's father; whether Family Court erred in awarding joint legal custody of the child to maternal aunt and father; whether Family Court's determination discontinuing father's supervised therapeutic parental access lacked a sound and substantial basis in the record; alleged constitutional violations; Family Court, Westchester County, awarded the parties joint legal custody of the child with physical custody to the maternal aunt, discontinued father's therapeutic supervised parental access with the child, awarded the father unsupervised parental access with the child, and set a schedule for such access; App. Div. modified (1) by deleting the provision of the 12/18/17 Family Court order awarding the parties joint legal custody of the subject child, and substituting therefore a provision awarding the child's maternal aunt sole legal custody of the child, and (2) by deleting the provisions of the 12/18/17 order discontinuing father's therapeutic supervised parental access with the child, and substituting therefor a provision continuing father's therapeutic supervised parental access with the child, and as so modified, affirmed the 12/18/17 order insofar as appealed and cross-appealed from, and remitted the matter to Family Court, Westchester County, to specify a schedule for father's continued therapeutic supervised parental access with the child.

MATTER OF SKLAR, AN ATTORNEY (167 AD3d 1142):
3rd Dept. App. Div. order of 12/6/18; suspension; sua sponte examination on whether a substantial constitutional question is directly involved to support an appeal as of right; Attorney and Client--Disciplinary Proceedings--Whether imposition of reciprocal discipline, based on findings of attorney misconduct in California, was proper; alleged due process violations; App. Div. suspended appellant from the practice of law for a period of three months.

For June 7, 2019 through June 13, 2019, the following preliminary appeal statements were filed:

BILAL (RASHID), PEOPLE v (170 AD3d 83):
1st Dept. App. Div. order of 3/7/19; reversal with dissents; leave to appeal granted by Tom, J., 5/14/19; Rule 500.11 review pending; Crimes--Unlawful Search and Seizure--Whether police had reasonable suspicion to justify a police pursuit; defendant, whose companion matched general description of perpetrator in a shooting, fled when approached by police; whether gun discarded by defendant during police pursuit was voluntarily abandoned by defendant; Supreme Court, New York County, convicted defendant of criminal possession of a weapon in the second degree; App. Div. reversed, granted the motion to suppress and dismissed the indictment.

RESCH v STATE OF NEW YORK (— AD3d —, 2019 NY Slip Op 03543):
1st Dept. App. Div. order of 5/7/19; modification; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Constitutional Law--Validity of Statute--Whether Vehicle and Traffic Law § 236(2)(d), which provides that hearing examiners of a municipality's parking violations bureau "shall not be considered employees of the city in which the administrative tribunal has been established," is unconstitutional; alleged violations of the due process, equal protection, labor-not-a-commodity, collective bargaining and merit-and-fitness clauses; Supreme Court, New York County, granted defendants' motion to dismiss; App. Div. modified to declare that the employment exclusion contained in Vehicle and Traffic Law § 236(2)(d) is not unconstitutional under the New York State Constitution.

R.F. SCHIFFMAN ASSOCIATES, INC. v BAKER & DANIELS, LLP (171 AD3d 657):
1st Dept. App. Div. order of 4/30/19; affirmance;; 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; Interest--Computation--Whether plaintiffs were entitled to CPLR 5001 prejudgment interest in addition to a late fee of 18% interest per annum, as awarded by prior Appellate Division order; alleged due process and equal protection violations; Supreme Court, New York County, granted plaintiffs principal and interest to the date of defendant's CPLR 3219 tender; App. Div. affirmed.

For June 14, 2019 through June 20, 2019, the following preliminary appeal statements were filed:

MATTER OF ANONYMOUS:
4th Dept. App. Div. order of 5/21/19; denial of motion; sua sponte examination whether the order appealed from finally determines the proceeding within the meaning of the Constitution and whether any jurisdictional basis exists for an appeal as of right; Attorney and Client--Disciplinary Proceedings--Appellate Division order denying motion to vacate disbarment order; App. Div. denied appellant's motion for an order annulling, vacating and setting aside a January 18, 1973 disbarment order.

MATTER OF PUAH B. (— AD3d —, 2019 NY Slip Op 04451):
1st Dept. App. Div. order of 6/6/19; modification; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Parent, Child and Family--Abused or Neglected Child--Whether a preponderance of the evidence supports Family Court's finding of educational neglect as to mother's two older children and derivative neglect as to the younger children; Family Court, Bronx County, determined that respondent mother neglected the subject children; App. Div. modified by vacating the finding that the mother neglected the children by failing to provide them with adequate food, clothing and shelter, and remanded the matter for a new dispositional hearing, and otherwise affirmed.

CHEN v INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA (165 AD3d 588):
1st Dept. App. Div. order of 10/30/18; affirmance; leave to appeal granted by Court of Appeals, 6/11/19; Contracts--Waiver--Whether excess insurer defendant waived argument relating to its obligation to cover interest on personal injury judgment; Motions--Reargument or Renewal--Whether Supreme Court properly granted reargument to consider interest issue; Insurance--Construction of Policy--Whether Supreme Court properly interpreted excess insurance policy; Supreme Court, New York County, adjudged defendant liable to plaintiff for $1,526,938 with costs and interest from May 2, 2016, the date of the order granting partial summary judgment to plaintiff, for $159,638.23, for a total award of $1,686, 576.23; App. Div. affirmed.

DEUTSCHE BANK NATIONAL TRUST COMPANY v MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC (169 AD3d 217):
1st Dept. App. Div. order of 1/17/19; reversal; leave to appeal granted by App. Div., 6/4/19; Contracts--Contractual Limitation of Liability--Whether plaintiff sufficiently pleaded gross negligence to render "sole remedy" clauses in parties' residential mortgage-backed security agreements unenforceable, thereby permitting a claim for compensatory damages; whether plaintiff's allegations of wrongdoing against it were sufficient to support a demand for punitive damages; Supreme Court, New York County, granted defendants' motion to dismiss the cause of action for breach of representations and warranties to the extent it seeks compensatory damages inconsistent with the sole remedy clauses of the parties' agreements, punitive damages, and attorneys' fees; App. Div. reversed and denied the motion.

FREEDOM MORTGAGE CORPORATION v ENGEL (163 AD3d 631):
2nd Dept. App. Div. order of 7/11/18, reversal; leave to appeal granted by Court of Appeals, 6/6/19; Mortgages--Foreclosure--Whether mortgagee's voluntary discontinuance of prior foreclosure action constituted an affirmative act of revocation of its prior election to accelerate the mortgage debt; prior foreclosure action discontinued by so-ordered stipulation, which was silent on issue of revocation of election to accelerate; Supreme Court, Orange County, denied defendant Herschel Engel's motion for summary judgment dismissing the complaint insofar as asserted against him and granted those branches of the plaintiff's cross motion which were for summary judgment on the complaint insofar as asserted against that defendant, to strike his answer and affirmative defenses, and to appoint a referee; App. Div. reversed, granted the motion of the defendant Engel for summary judgment dismissing the complaint insofar as asserted against him, and denied those branches of the plaintiff's cross motion which were for summary judgment on the complaint insofar as asserted against the defendant Engel, to strike his answer and affirmative defenses, and to appoint a referee.

HINSHAW (ROBERT), PEOPLE v (170 AD3d 1680):
4th Dept. App. Div. order of 3/22/19; affirmance; leave to appeal granted by Whalen, J., 6/4/19; Crimes--Unlawful Search and Seizure--Whether the police had reasonable suspicion to stop defendant's vehicle; officer checked Department of Motor Vehicles (DMV) computer records for the vehicle's license plate number, which revealed that he car had been impounded and therefore should have been located on an impound lot; DMV report stated that it "should not be treated as a stolen vehicle hit" and "[n]o further action should be taken based solely upon this impounded response." County Court, Erie County, convicted defendant of criminal possession of a weapon in the second degree and unlawful possession of marihuana; App. Div. affirmed.

JPMORGAN CHASE BANK, NATIONAL ASSOCIATION v CALIGURI (168 AD3d 819):
2nd Dept. App. Div. order of 1/16/19; affirmance; leave to appeal granted by Court of Appeals, 6/11/19; Mortgages--Foreclosures-Whether plaintiff mortgagee established standing in foreclosure action; plaintiff attached to summons and complaint a copy of consolidated note, which bore an endorsement in blank from original lender; defendant demanded inspection of original note; Whether second foreclosure action was barred by res judicata; Whether Supreme Court erred in not transferring foreclosure action to Justice who dismissed plaintiff's earlier foreclosure action; Supreme Court, Suffolk County, denied defendant's motion to transfer the action pursuant to 22 NYCRR 202.3(a) to the Justice who heard a prior foreclosure action involving the subject property, granted those branches of the plaintiff's motion which were for summary judgment on the complaint and for an order of reference, and denied defendant's cross motion for summary judgment dismissing the complaint or to compel certain discovery; App. Div. affirmed.

LeCLAIR, MATTER OF v WAIT (2019 NY Slip Op 72635[U]):
3rd Dept. App. Div. order of 6/7/19; dismissal; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Proceeding Against Body or Officer--When Remedy Available--Article 78 proceeding against Family Court Judge; alleged constitutional violations; App. Div. inter alia, granted respondent's motion to dismiss the CPLR article 78 petition.

PETTUS v BOARD OF DIRECTORS, OWNERS 800 GRAND CONCOURSE (INDEX NO. 0260040/2018):
Supreme Court, Bronx County, order of 3/7/19; denied motion; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution and whether any jurisdictional basis exists for an appeal as of right; Appeals--Papers appealable; Supreme Court denied a motion by appellant that sought to have the court "make a decision on Index No. 260040" on the ground that no undecided motions in the matter were pending.

MUHAMMAD (ZHAKARIYYA), PEOPLE v (171 AD3d 442):
Supreme Court order of 6/24/16; affirmance; leave to appeal granted by Renwick, J., 6/4/19; Rule 500.11 review pending; Jury--Deliberations--Whether trial court's responses to notes sent by the jury were coercive; trial court repeated Allen charge it had given preceding day without providing additional guidance requested by jury and granted jury's request for more time to deliberate without addressing scheduling conflicts raised in jury note; Supreme Court, New York County, convicted defendant of sexual abuse in the first degree and endangering the welfare of a child; App. Div. affirmed.

REICH v BELNORD PARTNERS, LLC (168 AD3d 482):
1st Dept. App. Div. order of 1/15/19; affirmance; leave to appeal granted by App. Div., 5/16/19; Landlord and Tenant--Rent Regulation--Whether Supreme Court properly dismissed as time-barred plaintiffs' claim for rent overcharges based on defendants' failure to charge rent stabilized rents while receiving J-51 tax benefits; Supreme Court, New York County, granted defendants' motion to dismiss the claim for rent overcharges and denied plaintiffs' cross motion for summary judgment pursuant to CPLR 3211(c); App. Div. affirmed.

WHITE v ANNUCCI (APP. DIV. NO. 526955):
3rd Dept. App. Div. order of 4/25/19; denial of motion; sua sponte examination of whether any jurisdictional basis exists for an appeal as of right; Appeal--Appealable Paper--Order denying motion for reargument or renewal; App. Div. denied appellant's motion for reargument or, in the alternative, to renew and/or for further relief.