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For June 14, 2013 through June 20, 2013, the following preliminary appeal statements were filed:

GABRIELA A., MATTER OF (103 AD3d 888):
2nd Dept. App. Div. order of 2/27/13; reversal; leave to appeal granted by Court of Appeals, 6/6/13; INFANTS - PERSON IN NEED OF SUPERVISION (PINS) - FIFTEEN-YEAR OLD ADOLESCENT, PREVIOUSLY ADJUDICATED A PINS AND WHO RESISTED PROBATION OFFICERS' ATTEMPTS TO RETURN HER TO THE NON-SECURE DETENTION FACILITY FROM WHICH SHE ABSCONDED, CHARGED IN A JUVENILE DELINQUENCY PETITION WITH, AMONG OTHER THINGS, RESISTING ARREST AND OBSTRUCTING GOVERNMENTAL ADMINISTRATION - WHETHER THE APPELLATE DIVISION ERRED IN CONCLUDING THAT THE ADOLESCENT'S CONDUCT WAS CONSISTENT ONLY WITH PINS BEHAVIOR AND NOT WITH JUVENILE DELINQUENCY; Family Court, Westchester County, order of disposition that, upon a fact-finding order of the same court entered 4/3/12, finding that Gabriela A. committed acts which, if committed by an adult, would have constituted the crimes of resisting arrest and obstructing governmental administration in the second degree, adjudged Gabriela A. to be a juvenile delinquent and imposed a conditional discharge until 4/3/13; App. Div. reversed, vacated the fact-finding order, dismissed the petition, and remitted the matter to Family Court for further proceedings pursuant to Family Court Act § 375.1.

APPLEGATE v STATE OF NEW YORK (2013 NY Slip Op 71546[U]):
2nd Dept. App. Div. order of 4/24/13; denial of motion; 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; APPEALS - CHALLENGE TO APPELLATE DIVISION ORDER DENYING MOTION TO WAIVE FILING FEE ON AN APPEAL AND FOR LEAVE TO FILE LESS THAN NINE COPIES OF THE RECORD OR APPENDIX ON APPEAL; App. Div. denied plaintiff's motion to waive the filing fee on an appeal from an a order of the Court of Claims dated 5/21/12, and for leave to file less than nine copies of the record or appendix on appeal.

BARET (ROMAN), PEOPLE v (99 AD3d 408):
1st Dept. App. Div. order of 10/2/12; reversal; leave to appeal granted by Smith, J., 6/5/13; CRIMES - RIGHT TO COUNSEL - EFFECTIVE REPRESENTATION - FAILURE TO ADVISE DEFENDANT OF IMMIGRATION CONSEQUENCES OF GUILTY PLEA - WHETHER PADILLA v KENTUCKY (559 US 356 [2010]), DECIDED AFTER DEFENDANT'S CONVICTION WAS AFFIRMED ON DIRECT APPEAL, APPLIES RETROACTIVELY IN THIS STATE - CHAIDEZ v UNITED STATES (133 S. Ct. 1103 [2013]); Supreme Court, Bronx County, denied defendant's CPL 440.10 motion to vacate the judgment of the same court, rendered 12/20/04, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him to a term of 2 to 6 years; App. Div. reversed and remitted the matter to Supreme Court for a hearing.

BOARD OF EDUCATION OF THE MINEOLA UNION FREE SCHOOL DISTRICT, MATTER OF v MINEOLA TEACHERS ASSOCIATION (104 AD3d 939):
2nd Dept. App. Div. order of 3/27/13; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; ARBITRATION - COLLECTIVE BARGAINING AGREEMENT - WHETHER SUPREME COURT PROPERLY GRANTED THE SCHOOL DISTRICT'S PETITION TO PERMANENTLY STAY ARBITRATION - RELIGIOUS HOLIDAYS PROVISION OF COLLECTIVE BARGAINING AGREEMENT - ESTABLISHMENT CLAUSE OF FIRST AMENDMENT TO U.S. CONSTITUTION; Supreme Court, Nassau County, granted the petition and denied respondent union's motion to compel arbitration; App. Div. affirmed.

COUNCIL OF THE CITY OF NEW YORK v DEPARTMENT OF HOMELESS SERVICES (103 AD3d 464):
1st Dept. App. Div. order of 2/14/13; affirmance; leave to appeal granted by Court of Appeals, 6/11/13; SOCIAL SERVICES - TEMPORARY HOUSING ASSISTANCE - WHETHER THE COURTS BELOW PROPERLY DETERMINED THAT THE SINGLE ADULTS ELIGIBILITY PROCEDURE (PROCEDURE 12-400), WHICH GOVERNS THE INTAKE AND ADMISSION PROCESS OF SINGLE ADULT INDIVIDUALS APPLYING FOR TEMPORARY HOUSING, IS A "RULE" WITHIN THE MEANING OF THE CITY ADMINISTRATIVE PROCEDURE ACT (CHAPTER 45 OF THE NEW YORK CITY CHARTER); Supreme Court, New York County, granted a CPLR article 78 petition to declare Procedure 12-400, the Single Adults Eligibility Procedure, a nullity upon the ground that it had been promulgated in violation of Chapter 45 of the New York City Charter, the City Administrative Procedure Act; App. Div. affirmed.

DUMAY (JOSEPH), PEOPLE v (36 Misc 3d 159(A)):
App. Term 2nd, 11th and 13th Judicial Districts order of 9/13/12; affirmance; leave to appeal granted by Read, J., 6/6/13; CRIMES - COMPLAINT - LEGAL SUFFICIENCY OF MISDEMEANOR COMPLAINT CHARGING OBSTRUCTION OF GOVERNMENTAL ADMINISTRATION - COMPLAINT ALLEGING THAT DEFENDANT STOOD BEHIND A POLICE CAR AND HIT ITS TRUNK, WITHOUT ALLEGING THAT THE POLICE HAD COMMUNICATED TO DEFENDANT OR THAT DEFENDANT OTHERWISE WAS AWARE THAT THE POLICE NEEDED HIM TO MOVE SO THEY COULD LEAVE; Criminal Court of the City of New York, Kings County, convicted defendant, upon his guilty plea, of obstructing governmental administration in the second degree; App. Term affirmed.

GILLOTTI (NEIL F.), PEOPLE v (104 AD3d 1155):
4th Dept. App. Div. order of 3/15/13; affirmance; leave to appeal granted by Court of Appeals, 6/11/13; CRIMES - SEX OFFENDERS - SEX OFFENDER REGISTRATION ACT (SORA) (CORRECTION LAW ART. 6-C) - WHETHER DEFENDANT ESTABLISHED BY CLEAR AND CONVINCING EVIDENCE THAT HE WAS ENTITLED TO A DOWNWARD DEPARTURE FROM THE SORA RISK LEVEL; Niagara County Court determined that defendant is a level three risk pursuant to SORA; App. Div. affirmed.

VILLAGE OF ILION v COUNTY OF HERKIMER (103 AD3d 1168):
4th Dept. App. Div. order of 2/1/13; affirmance; leave to appeal granted by Court of Appeals, 6/6/13; DAMAGES - MEASURE OF DAMAGES - WHETHER TRIAL COURT ERRED IN DECLINING TO DISCOUNT THE DAMAGES AWARDED BY THE JURY TO PRESENT VALUE AND IN AWARDING PREJUDGMENT INTEREST ON THE UNDISCOUNTED AWARD; Supreme Court, Oneida County, among other things, awarded money damages to defendant County individually and as administrator of Herkimer County Self-Insurance Plan; App. Div. affirmed.

McCRAY (LIONEL), PEOPLE v (102 AD3d 560):
1st Dept. App. Div. order of 1/24/13; affirmance; leave to appeal granted by Read, J., 6/6/13; CRIMES - BURGLARY - DWELLING - MULTIPLE UNIT BUILDING - WHETHER DEFENDANT WAS PROPERLY CONVICTED OF TWO COUNTS OF SECOND-DEGREE BURGLARY UNDER PENAL LAW § 140.25(2) BASED UPON HIS ENTRIES INTO A HOTEL'S EMPLOYEE LOCKER ROOM AND A MUSEUM LOCATED IN THE SAME BUILDING AS THE HOTEL; SENTENCE - CONSECUTIVE SENTENCES - WHETHER CONSECUTIVE SENTENCES MAY BE IMPOSED BASED UPON CONVICTIONS OF TWO COUNTS OF BURGLARY ARISING OUT OF ENTRIES INTO SEPARATE COMPONENTS OF A SINGLE BUILDING DURING ONE CONTINUOUS COURSE OF CRIMINAL ACTIVITY; Supreme Court, New York County, convicted defendant, after a jury trial, of two counts of burglary in the second degree, and sentenced him, as a second felony offender, to an aggregate term of 15 years; App. Div. affirmed.

PASCAZI, MATTER OF v GARDNER (106 AD3d 1143):
3rd Dept. App. Div. judgment of 5/2/13; confirmation of agency determination; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; EMPLOYMENT RELATIONSHIPS - WAGES - CPLR ARTICLE 78 PROCEEDING TO REVIEW DETERMINATIONS OF THE COMMISSIONER OF LABOR - FAILURE TO PAY PREVAILING WAGES AND SUPPLEMENTS; CLAIMED IMPROPER ENFORCEMENT OF STATE PREVAILING WAGE LAW DUE TO PREEMPTION OF LAW BY FEDERAL TELECOMMUNICATIONS ACT AND LABOR MANAGEMENT RELATIONS ACT; CLAIMED DUE PROCESS VIOLATIONS; App. Div. confirmed two determinations of respondent Commissioner of Labor which found, among other things, that petitioner was a shareholder of a corporation that failed to pay prevailing wages and supplements, and dismissed the petition.

REIS v VOLVO CARS OF NORTH AMERICA (105 AD3d 663):
1st Dept. App. Div. order of 4/30/13; modification; motion to dismiss plaintiff's cross appeal pending; PRODUCTS LIABILITY - FAILURE TO WARN - WHETHER THE APPELLATE DIVISION ERRED IN HOLDING THAT SUPREME COURT PROPERLY SET ASIDE THE JURY VERDICT ON PLAINTIFF'S FAILURE TO WARN CLAIM; Supreme Court, New York County, granted defendants' motion to set aside the jury's verdict to the extent of setting aside the verdict on plaintiff's failure to warn claim; thereafter, the same court awarded plaintiff damages on his negligence claim; App. Div. modified to reduce the jury's award for future household relocation and modification costs by $168,000, and otherwise affirmed.

RIVERA (DAVID), PEOPLE v (99 AD3d 535):
1st Dept. App. Div. order of 10/11/12; reversal; leave to appeal granted by Read, J., 6/6/13; CRIMES - WITNESSES - PHYSICIAN-PATIENT PRIVILEGE (CPLR 4505) - WHETHER TESTIMONY OF PSYCHIATRIST TO WHOM DEFENDANT ADMITTED SEXUAL ABUSE OF A CHILD WAS PROPERLY ADMITTED AT TRIAL IN LIGHT OF WITNESS'S PRIOR REPORTING OF DEFENDANT'S STATEMENTS TO THE ADMINISTRATION FOR CHILDREN'S SERVICES; Supreme Court, New York County, convicted defendant, after a jury trial, of predatory sexual assault against a child, and sentenced him to a term of 13 years to life; App. Div. reversed and remanded matter for a new trial.

SWEAT (TYRONE), PEOPLE v:
County Court, Erie County, order of 1/15/13; affirmance; leave to appeal granted by Pigott, J., 6/7/13; CRIMES - DOUBLE JEOPARDY - WHETHER TRIAL COURT ERRED IN DISMISSING THE INFORMATION CHARGING CRIMINAL CONTEMPT IN THE SECOND DEGREE (REFUSAL TO TESTIFY IN CRIMINAL TRIAL) ON DOUBLE JEOPARDY GROUNDS AFTER DEFENDANT WAS CITED AND CONFINED FOR CIVIL CONTEMPT FOR THE DURATION OF THE TRIAL FOR THE SAME REFUSAL TO TESTIFY; Buffalo City Court dismissed the information charging defendant with criminal contempt in the second degree on double jeopardy grounds; County Court, Erie County, affirmed.

25 AVENUE C NEW REALTY, LLC v ALEA NORTH AMERICA INSURANCE COMPANY (96 AD3d 489):
1st Dept. App. Div. order of 6/12/12; modification; leave to appeal granted by Court of Appeals, 6/6/13; INSURANCE - DUTY TO DEFEND AND INDEMNIFY - WHETHER THE APPELLATE DIVISION ERRED IN HOLDING THAT INSURER COULD NOT BE ESTOPPED FROM DISCLAIMING COVERAGE BECAUSE THE INSURANCE POLICY WAS NOT IN EFFECT AT THE TIME OF THE ACCIDENT; WHETHER THE APPELLATE DIVISION ERRED IN HOLDING THAT DELAY IN PROVIDING INSURER WITH A NOTICE OF CLAIM WAS UNREASONABLE AS A MATTER OF LAW; Supreme Court, Bronx County, granted plaintiffs' motion for summary judgment to the extent of declaring that defendant Merrimack Mutual Fire Insurance Company is obligated to defend and indemnify plaintiffs in an underlying personal injury action, granted defendant Alea North America Insurance Company's cross motion for summary judgment dismissing the complaint and all cross claims against it, and denied Merrimack's cross motion for summary judgment; App. Div. modified to the extent of denying plaintiffs' motion for summary judgment, and granting defendant Merrimack's cross motion for summary judgment to the extent of declaring that Merrimack is not obligated to defend and indemnify plaintiffs in the underlying personal injury action, and otherwise affirmed.

WILLIAMS v WEATHERSTONE (104 AD3d 1265):
4th Dept. App. Div. order of 3/22/13; modification; leave to appeal granted by App. Div., 6/7/13; SCHOOLS - TRANSPORTATION OF PUPILS - DUTY TO SAFELY TRANSPORT STUDENT TO SCHOOL - STUDENT STRUCK BY VEHICLE IN ATTEMPT TO CATCH BUS STOPPED ACROSS THE STREET - WHETHER THE APPELLATE DIVISION ERRED IN CONCLUDING THAT THE SCHOOL DISTRICT OWED A DUTY TO THE STUDENT EVEN THOUGH THE STUDENT WAS NOT IN ITS PHYSICAL CUSTODY AND CONTROL WHEN THE ACCIDENT OCCURRED, BECAUSE "THE BUS ARRIVED AT THE BUS STOP, PASSED IT, AND THE DRIVER TURNED AROUND TO PICK UP THE [STUDENT]," AT WHICH POINT THE STUDENT RAN ACROSS THE STREET TO CATCH THE BUS AND WAS STRUCK BY A VEHICLE - PRATT v ROBINSON (39 NY2d 554 [1976]); Supreme Court, Onondaga County, denied defendant Jordan-Elbridge Central School District's motion for summary judgment; App. Div. modified by granting defendant Jordan-Elbridge Central School District's motion for summary judgment in part and dismissing the complaint as against that defendant, as amplified by the bill of particulars, insofar as it alleges negligence based upon violations of the Vehicle and Traffic Law, and affirmed as so modified.

For June 21, 2013 through June 27, 2013, the following preliminary appeal statements were filed:

COUNTY OF ERIE v M/A-COM, INC. (104 AD3d 1233):
4th Dept. App. Div. order of 3/15/13; affirmance with dissents; leave to appeal granted by App. Div., 6/7/13; COUNTIES - COUNTY EXECUTIVE - POWER TO COMMENCE ACTION TO RECOVER DAMAGES FROM FORMER COUNTY EMPLOYEE - ABSENCE OF RESOLUTION BY COUNTY LEGISLATURE AUTHORIZING COMMENCEMENT OF ACTION; FRAUD - SUFFICIENCY OF PLEADING; Supreme Court, Erie County denied in part defendant Comerford's motion to dismiss the first amended complaint as against him; App. Div. affirmed.

FRATANGELO (PATRICIA), PEOPLE v:
County Court, Seneca County order of 2/21/13; affirmance; leave to appeal granted by Read, J., 6/11/13; CRIMES - INSTRUCTIONS - DRIVING WHILE INTOXICATED - WHETHER THE TRIAL COURT ERRED IN REFUSING TO CHARGE THE JURY THAT "UNDER OUR LAW, EVIDENCE THAT THERE WAS LESS THAN .08 OF 1 PER CENTUM BY WEIGHT OF ALCOHOL IN THE DEFENDANT'S BLOOD, IS PRIMA FACIE EVIDENCE THAT THE DEFENDANT WAS NOT IN AN INTOXICATED CONDITION" - BASED UPON THE NUMBER OF DRINKS DEFENDANT CLAIMED TO HAVE HAD AND THE TIME BETWEEN THE STOP AND BREATH TEST, WHICH RESULTED IN A BLOOD ALCOHOL CONTENT (BAC) OF .09%, DEFENDANT'S EXPERT OPINED AT TRIAL THAT DEFENDANT'S BAC AT THE TIME OF THE STOP WOULD HAVE BEEN ONLY .03 TO .04% - VEHICLE AND TRAFFIC LAW §1195(2); Justice Court, Town of Ovid convicted defendant, after a jury trial, of speeding and common law driving while impaired; County Court affirmed.

KANE v GALTIERI:
2nd Dept. App. Div. notice marked "received" by App. Div. 5/24/13; sua sponte examination whether the Papers Rejection Notice from the App. Div. is an appealable paper pursuant to CPLR 5512(a), and whether any basis exists to support an appeal as of right; APPEALS - APPEALABLE PAPER - CHALLENGE TO APPELLATE DIVISION NOTICE REJECTING APPELLANT'S BRIEFS FOR FILING.

REID (GRAHAM), PEOPLE v (104 AD3d 58):
1st Dept. App. Div. order of 1/3/13; affirmance; leave to appeal granted by Lippman, Ch.J., 6/13/13; CRIMES - UNLAWFUL SEARCH AND SEIZURE - WHETHER THE LOWER COURTS ERRED IN DENYING A SUPPRESSION MOTION REGARDING A SWITCH BLADE KNIFE FOUND BY A POLICE OFFICER IN A PAT-DOWN AFTER PULLING DEFENDANT OVER FOR ERRATIC DRIVING BUT BEFORE ANY ARREST WAS INTENDED; Supreme Court, New York County convicted defendant, upon his guilty plea, of criminal possession of a weapon in the third degree and sentenced him, as a second felony offender, to a term of 2 to 4 years; App. Div. affirmed.

For June 28, 2013 through July 4, 2013, the following preliminary appeal statements were filed:

BENNETT, MATTER OF v McKOY (2013 NY Slip Op 71111[U]):
3rd Dept. App. Div. order of 4/12/13; 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; APPEAL - APPELLATE DIVISION - DENIAL OF MOTION FOR EXPUNGEMENT AND DAMAGES; App. Div. denied motion for expungement and damages.

DLJ MORTGAGE CAPITAL, INC. v KONTOGIANNIS (102 AD3d 489):
1st Dept. App. Div. order of 1/15/13; reversal; leave to appeal granted by App. Div., 5/30/13; Rule 500.11 review pending; PRINCIPAL AND AGENT - APPARENT AUTHORITY; FRAUD - CLAIMS AGAINST TITLE INSURERS FOR ACTS OF THEIR AGENTS ALLEGED TO BE CO-CONSPIRATORS IN A MORTGAGE FRAUD SCHEME; Supreme Court, New York County, among other things, denied the motions of defendants Chicago Title Insurance Company, Inc. and United General Title Insurance Company, Inc. to dismiss the complaint as against them; App. Div. reversed and granted the defendants' motions to dismiss the complaint as against them.

FELICIANO (WILSON), PEOPLE v (101 AD3d 617):
1st Dept. App. Div. order of 12/27/12; affirmance; leave to appeal granted by Mazzarelli, J., 6/4/13; Rule 500.11 review pending; CRIMES - PLEA OF GUILTY - WHETHER TRIAL COURT PROPERLY CONCLUDED THAT DEFENDANT FAILED TO MEET THE CONDITIONS OF HIS PLEA AGREEMENT - SECOND PLEA AGREEMENT; Supreme Court, New York County convicted defendant, upon his guilty plea, of criminal sale of a controlled substance in the fifth degree, and sentenced him, as a second felony offender, to a term of 2 to 4 years; App. Div. affirmed.

GORMAN, MATTER OF v RICE (106 AD3d 1000):
2nd Dept. App. Div. order of 5/22/13; reversal; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; PROCEEDING AGAINST BODY OR OFFICER - PROHIBITION - DOUBLE JEOPARDY - DURING COURSE OF TRIAL ON CHARGES OF DRIVING WHILE INTOXICATED, UNSAFE LANE CHANGE AND ENDANGERING THE WELFARE OF A CHILD, TRIAL JUDGE SUA SPONTE DECLARED A MISTRIAL BUT, PRIOR TO THE JURY'S DISCHARGE, RESCINDED THE DECLARATION AND DECLARED A MISTRIAL ON THE CONSENT OF PETITIONER - WHETHER RETRIAL IS BARRED ON THE GROUND OF DOUBLE JEOPARDY; Supreme Court, Nassau County, in effect, granted the CPLR article 78 petition in the nature of prohibition to bar the retrial of petitioner in an action entitled People v Gorman pending in District Court, Nassau County under Docket No. 2006NA016493 to the extent of dismissing the pending action and barring prosecution of petitioner on the charges enumerated in the indictment in that action; App. Div. reversed, denied the petition, and dismissed the proceeding on the merits.

JOHNSON (RAUL), PEOPLE v (100 AD3d 777):
2nd Dept. App. Div. order of 11/14/12; affirmance; leave to appeal granted by Read, J., 6/18/13; CRIMES - RIGHT TO COUNSEL - DEFENDANT, REPRESENTED BY COUNSEL ON A SERIES OF BURGLARY CHARGES, AGREED TO ASSIST PROSECUTORS IN THE INVESTIGATION OF A STABBING WHICH HE SAID HAD BEEN CONFESSED TO BY SOMEONE ELSE - DURING SUBSEQUENT POLICE QUESTIONING ABOUT THE STABBING, DEFENDANT CONFESSED TO COMMITTING THE ASSAULT HIMSELF - WHETHER DEFENDANT'S SUBSEQUENT WAIVER OF MIRANDA RIGHTS WAS VALID UNDER THE CIRCUMSTANCES; SUPPRESSION HEARING; Rockland County Court convicted defendant, upon a jury verdict, of attempted murder in the second degree and assault in the first degree, and imposed sentence; App. Div. affirmed.

MONETTE v TRUMMER (105 AD3d 1328):
4th Dept. App. Div. order of 4/26/13; reversal with dissents; Rule 500.11 review pending with a jurisdictional inquiry whether the order appealed from finally determines the action within the meaning of the Constitution; MOTOR VEHICLES - OWNER OF VEHICLE - VICARIOUS LIABILITY UNDER VEHICLE AND TRAFFIC LAW § 388 - WHETHER THERE ARE ISSUES OF FACT REGARDING WHETHER DEFENDANT CAR DEALERSHIP HAD SUFFICIENT "USE AND POSSESSION" OF THE VEHICLE TO BE CONSIDERED A CO-OWNER WITH DEFENDANT JESSE BALL; SUMMARY JUDGMENT; Supreme Court, Cattaraugus County denied the motion of defendant Jim Ball Pontiac-Buick-GMC, Inc. for summary judgment dismissing the complaint and all cross claims against it; App. Div. reversed, granted the motion of defendant Jim Ball Pontiac-Buick-GMC, Inc. for summary judgment, and dismissed the complaint and all cross claims against Jim Ball Pontiac-Buick-GMC, Inc.

NEALON, MATTER OF (104 AD3d 1088):
3rd Dept. App. Div. order of 3/28/13; reversal; Rule 500.11 review pending with a jurisdictional inquiry whether an appeal lies as of right pursuant to CPLR 5601(c); FRAUD - CONSTRUCTIVE FRAUD - EXISTENCE OF CONFIDENTIAL RELATIONSHIP - WHETHER VULNERABLE PARTY MAINTAINED ABILITY TO EXERCISE FREE WILL - WHETHER THE APPELLATE DIVISION CORRECTLY DETERMINED THAT WHETHER A CONFIDENTIAL RELATIONSHIP EXISTED IN THIS CASE PRESENTED A QUESTION OF FACT THAT SHOULD HAVE BEEN SUBMITTED TO THE JURY; Surrogate's Court, Schenectady County, judgment upon a verdict rendered in favor of petitioner; App. Div. reversed and remitted the matter to Surrogate's Court for a new trial.

NEW SURFSIDE NURSING HOME, LLC, MATTER OF v DAINES (103 AD3d 637):
2nd Dept. App. Div. order of 2/6/13; affirmance; leave to appeal granted by App. Div., 6/7/13; Rule 500.11 review pending; HEALTH - NURSING HOMES - CPLR ARTICLE 78 PROCEEDING TO REVIEW TWO DETERMINATIONS OF THE COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF HEALTH ENFORCING AUDIT RESULTS OF PATIENT REVIEW INSTRUMENT SUBMISSIONS FOR CERTAIN YEARS - MEDICAID RATE SHEETS; DECLARATORY JUDGMENT; Supreme Court, Queens County denied the petition and dismissed the proceeding; App. Div. affirmed.

PINNACLE CHARTER SCHOOL v BOARD OF REGENTS OF THE UNIVERSITY OF THE STATE OF NEW YORK (2013 NY Slip Op 05105, — AD3d —):
4th Dept. App. Div. order of 7/5/13; modification; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; SCHOOLS - CHARTER SCHOOLS - WHETHER THE NEW YORK CHARTER SCHOOLS ACT (EDUCATION LAW ARTICLE 56) CREATES A CONSTITUTIONALLY-PROTECTED PROPERTY INTEREST IN THE RENEWAL OF A CHARTER - ALLEGED VIOLATIONS OF PLAINTIFFS' PROCEDURAL AND SUBSTANTIVE DUE PROCESS RIGHTS, THE NEW YORK STATE ADMINISTRATIVE PROCEDURE ACT, AND THE EDUCATION ARTICLE OF THE NEW YORK STATE CONSTITUTION; WHETHER THE COMPLAINT ALLEGED A VIABLE CAUSE OF ACTION FOR NEGLIGENT MISREPRESENTATION; Supreme Court, Erie County, among other things, granted plaintiffs' motion for a preliminary injunction and granted in part defendants' cross motion by dismissing the fourth cause of action; App. Div. modified by denying plaintiffs' motion for a preliminary injunction, vacating the preliminary injunction, and granting defendants' cross motion in its entirety and dismissing the complaint, and affirmed the order as modified.

SALCEDO (TIRSO), PEOPLE v:
Supreme Court, New York County order of 5/21/13; denial of motion; sua sponte examination whether a civil appeal pursuant to CPLR 5601(b)(2) lies from a Supreme Court order denying a motion for renewal of an application for resentencing in a criminal proceeding; CRIMES - SENTENCE - DENIAL OF MOTION FOR RENEWAL OF APPLICATION FOR RESENTENCING UNDER THE DRUG LAW REFORM ACT OF 2004; Supreme Court denied defendant's motion for renewal of his application for resentencing under the Drug Law Reform Act of 2004.

TENENBAUM v STATE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL (2009 NY Slip Op 72962[U]):
1st Dept. App. Div. order of 5/21/09; dismissal; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution, whether the appeal is timely taken, and whether there is any jurisdictional basis for an appeal as of right; APPEAL - DISMISSAL - APPEALABLE PAPER - WHETHER APPEAL LIES TO THE APPELLATE DIVISION FROM AN ORDER OF THE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL; App. Div. dismissed appeal purportedly taken from "the order of the Supreme Court, New York County, entered on or about May 20, 2009" on the ground that no direct appeal lies to the App. Div. from an order of the Commissioner of Housing and Community Renewal.

WASHINGTON (JONAI), PEOPLE v (107 AD3d 4):
2nd Dept. App. Div. order of 4/17/13; affirmance; leave to appeal granted by Angiolillo, J., 6/19/13; CRIMES - SUPPRESSION HEARING - WHETHER RESULTS OF CHEMICAL BREATH TEST WERE PROPERLY SUPPRESSED - DEFENDANT HAD CONSENTED TO THE TEST AT POLICE HEADQUARTERS BUT, PRIOR TO COMMENCEMENT OF TEST, POLICE DID NOT INFORM DEFENDANT THAT HER ATTORNEY HAD CALLED A DISPATCHER AT POLICE HEADQUARTERS AND STATED "YOU HAVE TO STOP ALL QUESTIONING AND WE'RE NOT CONSENTING TO ANY FORM OF TESTING WHATSOEVER"; RIGHT TO COUNSEL; Supreme Court, Nassau County, after a hearing, granted that branch of the defendant's omnibus motion which was to suppress the results of a chemical breath test; App. Div. affirmed.