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For June 1, 2012 through June 7, 2012, the following preliminary appeal statements were filed:

DELISER (JOSUE), PEOPLE v (85 AD3d 1047):
2nd Dept. App. Div. order of 6/21/11; affirmance; leave to appeal granted by Jones, J., 6/1/12; CRIMES - PLEA OF GUILTY - ALLEGED INEFFECTIVE ASSISTANCE OF COUNSEL WHO PURPORTEDLY TOOK AN ADVERSE POSITION TO DEFENDANT ON DEFENDANT'S UNSUCCESSFUL PRO SE MOTION TO WITHDRAW HIS GUILTY PLEAS; Supreme Court, Kings County convicted defendant of attempted murder in the second degree under Indictment No. 2938/06, and robbery in the first degree under Indictment No. 5477/07, upon his guilty pleas, and imposed sentences; App. Div. affirmed.

OLIVERAS (GEORGE), PEOPLE v (90 AD3d 563):
1st Dept. App. Div. order of 12/27/11; reversal with dissents; leave to appeal granted by Catterson, J., 4/12/12; CRIMES - RIGHT TO COUNSEL - EFFECTIVE REPRESENTATION - WHETHER DEFENDANT HAD EFFECTIVE ASSISTANCE OF COUNSEL WHERE HIS COUNSEL FAILED TO OBTAIN HIS MEDICAL RECORDS OR TO CONSULT WITH AN EXPERT PSYCHIATRIST OR PSYCHOLOGIST TO SUPPORT THE DEFENSE CLAIM THAT DEFENDANT LACKED THE MENTAL CAPACITY TO VOLUNTARILY CONFESS TO A CRIME - ONLY EVIDENCE LINKING DEFENDANT TO CRIME WAS HIS STATEMENTS TO POLICE; Supreme Court, Bronx County denied defendant's CPL 440.10 motion to vacate a 2/13/02 judgment convicting him of murder in the second degree and sentencing him to 25 years to life; App. Div. reversed, granted defendant's CPL 440.10 motion, and remanded the matter for a new trial.

STANLEY (HILBERT), PEOPLE v (92 AD3d 176):
1st Dept. App. Div. order of 1/12/12; affirmance with dissents; leave to appeal granted by Smith, J., 5/11/12; Rule 500.11 review pending; CRIMES - RIGHT TO COUNSEL - CLAIMED INEFFECTIVE ASSISTANCE OF COUNSEL FOR FAILING TO PURSUE AFFIRMATIVE DEFENSE TO CHARGE OF ROBBERY IN THE FIRST DEGREE BECAUSE THE "WEAPON" DISPLAYED DURING THE ROBBERY WAS NOT A "LOADED WEAPON FROM WHICH A SHOT, READILY CAPABLE OF PRODUCING DEATH OR OTHER SERIOUS PHYSICAL INJURY, COULD BE DISCHARGED" (PENAL LAW § 160.15[4]); CHALLENGE TO SHOW-UP IDENTIFICATION; Supreme Court, Bronx County convicted defendant, after a jury trial, of robbery in the first degree, and imposed sentence; App. Div. affirmed.

For June 8, 2012 through June 14, 2012, the following preliminary appeal statements were filed:

AUGUSTINE (TRAVIS), PEOPLE v (89 AD3d 1238):
3rd Dept. App. Div. order of 11/10/11; affirmance; leave to appeal granted by Jones, J., 6/1/12; CRIMES - SUPPRESSION HEARING - WHETHER COUNTY COURT PROPERLY DENIED DEFENDANT'S MOTION TO SUPPRESS HIS STATEMENTS MADE TO POLICE - WHETHER DEFENDANT WAS REPRESENTED BY COUNSEL ON AN UNRELATED VIOLATION OF PROBATION CHARGE SO THAT QUESTIONING COULD NOT TAKE PLACE ON THE MURDER AND OTHER CHARGES UNLESS COUNSEL WAS PRESENT OR DEFENDANT WAIVED HIS RIGHTS IN COUNSEL'S PRESENCE; SUFFICIENCY OF THE EVIDENCE AT TRIAL; RIGHT TO FORMAL COMPLAINT ABOUT EFFECTIVENESS OF COUNSEL; Greene County Court convicted defendant of the crimes of murder in the second degree, aggravated cruelty to animals and two counts of criminal possession of stolen property in the fourth degree; App. Div. affirmed.

BHUGRA v MASSACHUSETTS CASUALTY INSURANCE COMPANY (94 AD3d 563):
1st Dept. App. Div. order of 4/17/12; 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; STIPULATIONS - CHALLENGE TO APPELLATE DIVISION ORDER AFFIRMING A SUPREME COURT ORDER GRANTING MOTION TO COMPEL PLAINTIFF TO ACCEPT SERVICE OF ANSWER UPON THE GROUND THAT THE ANSWER WAS TIMELY SERVED IN ACCORDANCE WITH A STIPULATION SIGNED BY COUNSEL FOR DEFENDANTS AND PLAINTIFF'S PRIOR COUNSEL; Supreme Court, New York County granted the cross motion of defendants Massachusetts Casualty Insurance Company, Centre Life Insurance Company, Centre Solutions, and Zurich American Insurance Company to compel plaintiff to accept service of their answer; App. Div. affirmed.

MITCHELL (ROBERT), PEOPLE v (89 AD3d 628):
1st Dept. App. Div. order of 11/29/11; affirmance; leave to appeal granted by Jones, J., 6/1/12; CRIMES - PLEA OF GUILTY - ALLEGED INEFFECTIVE ASSISTANCE OF PRIOR COUNSEL WHO PURPORTEDLY FAILED TO DISCUSS THE CASE WITH DEFENDANT IN THE FOUR YEARS LEADING UP TO HIS PLEA - WHETHER MOTION BY NEWLY APPOINTED COUNSEL TO WITHDRAW THE PLEA SHOULD HAVE BEEN DECIDED AFTER A HEARING AS OPPOSED TO A SUMMARY DISPOSITION; Supreme Court, Bronx County convicted defendant, upon his guilty plea, of two counts of murder in the second degree, and sentenced him to concurrent terms of 25 years to life; App. Div. affirmed.

MONROE (WILLIAM), PEOPLE v (89 AD3d 429):
1st Dept. App. Div. order of 11/1/11; affirmance; leave to appeal granted by Smith, J., 5/24/12; CRIMES - PLEA OF GUILTY - WITHDRAWAL OF PLEA - WHETHER DEFENDANT IS ENTITLED TO WITHDRAW HIS GUILTY PLEA ON THE GROUND THAT HIS PROMISED SENTENCE RAN CONCURRENTLY WITH OTHER SENTENCES THAT WERE REDUCED BECAUSE THE PROMISE MADE TO INDUCE THE PLEA CANNOT BE KEPT - APPLICATION OF PEOPLE v PICHARDO (1 NY3d 126 [2003]) AND PEOPLE v ROWLAND (8 NY3d 342 [2007]) TO CASE INVOLVING RESENTENCING UNDER THE DRUG LAW REFORM ACT (DLRA); ENTITLEMENT TO RESENTENCING ON CONVICTION FOR CONSPIRACY; Supreme Court, New York County denied defendant's (1) CPL 440.10 motion to vacate a judgment convicting him, on his guilty plea, of conspiracy in the second degree, and (2) CPL 440.46 motion for resentencing under the same conviction; App. Div. affirmed.

For June 15, 2012 through June 21, 2012, the following preliminary appeal statements were filed:

ADRIAN, MATTER OF v BOARD OF EDUCATION OF CITY SCHOOL DISTRICT OF NIAGARA FALLS (92 AD3d 1272):
4th Dept. App. Div. order of 2/17/12; reversal; leave to appeal granted by Court of Appeals, 6/5/12; CIVIL SERVICE - TERMINATION OF EMPLOYMENT - RESIDENCY REQUIREMENT - CHALLENGE TO ADMINISTRATIVE TERMINATION OF PETITIONER'S EMPLOYMENT FOR FAILURE TO SATISFY SCHOOL DISTRICT'S REQUIREMENT THAT EMPLOYEES HIRED OR PROMOTED AFTER A CERTAIN DATE RESIDE WITHIN THE CITY OF NIAGARA FALLS; PETITIONER'S ENTITLEMENT TO HEARING PURSUANT TO EDUCATION LAW §§ 3020 AND 3020-a; Supreme Court, Niagara County, among other things, directed respondents to reinstate petitioner to her tenured employment with the City School District of the City of Niagara Falls; App. Div. dismissed petitioner's cross appeal, reversed the judgment, and dismissed the CPLR article 78 petition.

BEZIO, MATTER OF v DORSEY (91 AD3d 1051):
3rd Dept. App. Div. order of 1/12/12; affirmance; leave to appeal granted by Court of Appeals, 6/7/12; PRISONS AND PRISONERS - MEDICAL AND SURGICAL TREATMENT - COURT-ORDERED FORCE FEEDING - WHETHER PRISON INMATE ON VOLUNTARY HUNGER STRIKE HAD RIGHT TO DECLINE FORCE FEEDING; Supreme Court, Washington County granted petitioner's application, in a CPLR article 4 proceeding, to authorize the involuntary medical treatment and feeding of respondent; App. Div. affirmed.

CHENANGO FORKS CENTRAL SCHOOL DISTRICT, MATTER OF v NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD (95 AD3d 1479):
3rd Dept. App. Div. order of 5/10/12; confirmation of determination, with dissents; sua sponte examination whether the two-justice dissent is on a question of law; CIVIL SERVICE - PUBLIC EMPLOYEES FAIR EMPLOYMENT ACT (TAYLOR LAW) REFUSAL TO NEGOTIATE IN GOOD FAITH - WHETHER REIMBURSEMENT OF MEDICARE PART B PREMIUMS IS A TERM AND CONDITION OF EMPLOYMENT SUBJECT TO MANDATORY NEGOTIATION - ESTABLISHMENT OF PAST PRACTICE OF MAKING SUCH REIMBURSEMENTS; App. Div. confirmed determination by respondent Public Employment Relations Board, which found that petitioner had committed an improper employer practice, and dismissed the CPLR article 78 petition.

JAMES v WORMUTH (93 AD3d 1290) (Appeal No. 2.):
4th Dept. App. Div. order of 3/23/12; affirmance with dissents; PHYSICIANS AND SURGEONS - MALPRACTICE - WIRE FRAGMENT KNOWINGLY LEFT IN PATIENT'S BODY FOLLOWING SURGERY - WHETHER PLAINTIFF COULD RELY ON DOCTRINE OF RES IPSA LOQUITUR TO ESTABLISH PRIMA FACIE CASE OF MEDICAL MALPRACTICE OR WAS REQUIRED TO ESTABLISH THE APPLICABLE STANDARD OF CARE AND THE BREACH THEREOF THROUGH EXPERT MEDICAL TESTIMONY; Supreme Court, Onondaga County dismissed the amended complaint pursuant to CPLR 4401; App. Div. affirmed.

THOMAS (CHESTER J.), PEOPLE v (85 AD3d 1572):
4th Dept. App. Div. order of 6/10/11; affirmance; leave to appeal granted by Lippman, Ch. J., 6/6/12; CRIMES - FAIR TRIAL - TRIAL COURT SUSTAINED PEOPLE'S OBJECTION TO REMARK MADE BY DEFENSE COUNSEL ON SUMMATION, URGING THE JURY TO INFER, FROM A POLICE OFFICER'S FAILURE TO TESTIFY, THAT THE OFFICER'S TESTIMONY WOULD NOT HAVE SUPPORTED THE COMPLAINANT'S TESTIMONY THAT SHE OMITTED FROM HER WRITTEN STATEMENT TO THE POLICE THAT HER LIVE-IN BOYFRIEND HAD SODOMIZED HER BECAUSE THE OFFICER TOLD HER THAT NO JUDGE WOULD BELIEVE HER; ALLEGED MOLINEUX VIOLATION; Monroe County Court convicted defendant, upon a jury verdict, of criminal sexual act in the first degree, criminal contempt in the first degree and assault in the third degree; App. Div. affirmed.

CITY OF UTICA, MATTER OF v DAINES (95 AD3d 1467):
3rd Dept. App. Div. order of 5/10/12; reversal, with dissents; PROCEEDING AGAINST BODY OR OFFICER - CERTIFICATION OF AMBULANCE SERVICES - PUBLIC HEALTH LAW § 3000 - CHALLENGE TO APPELLATE DIVISION ORDER CONCLUDING THAT DETERMINATION BY NEW YORK STATE EMERGENCY MEDICAL SERVICES COUNCIL, WHICH DENIED MUNICIPALITY'S APPLICATION FOR CERTIFICATION OF ITS MUNICIPAL AMBULANCE SERVICE, HAD TO BE ANNULLED BECAUSE IT DID NOT APPLY THE "STRONG PRESUMPTION IN FAVOR OF APPROVING THE APPLICATION" REQUIRED BY PUBLIC HEALTH LAW § 3008(7)(b); Supreme Court, Albany County dismissed petitioner City of Utica's application, in a CPLR article 78 proceeding, to review a determination of respondent New York State Emergency Medical Services Council denying petitioner's application for a certificate of need for its ambulance service; App. Div. reversed, annulled the determination of respondent New York State Emergency Medical Services Council and granted the City of Utica's CPLR article 78 petition to that extent.

WORDEN (ROBERT L.), PEOPLE v (91 AD3d 1340):
4th Dept. App. Div. order of 1/31/12; affirmance; leave to appeal granted by Pigott, J., 6/5/12; CRIMES - PLEA OF GUILTY - DENIAL OF MOTION SEEKING TO WITHDRAW GUILTY PLEA BASED UPON COMPLAINANT'S RECANTATION - DEFENDANT'S ENTITLEMENT TO A HEARING ON THE MOTION; WHETHER DEFENDANT KNOWINGLY AND VOLUNTARILY ENTERED INTO GUILTY PLEA; RIGHT TO COUNSEL - ALLEGED INEFFECTIVE ASSISTANCE OF COUNSEL; Monroe County Court convicted defendant, upon his guilty plea, of rape in the third degree; App. Div. affirmed.