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For June 2, 2017 through June 8, 2017, the following preliminary appeal statements were filed:

BURGOS, MATTER OF v CITYWIDE CENTRAL INSURANCE PROGRAM (148 AD3d 1493):
3rd Dept. App. Div. order of 3/30/17; affirmance with dissents; Rule 500.11 review pending; Workers' Compensation--Extent of Disability--Where the Workers' Compensation Board has accepted the medical testimony assigning the most severe rating to a lumbar injury and determined that claimant is unable to perform even sedentary work, it is an abuse of discretion to find that claimant has less than a permanent total disability under the 2012 New York State Guidelines for Determining Permanent Impairment; App. Div. affirmed an 8/6/15 decision of the Workers' Compensation Board which ruled, among other things, that claimant sustained a permanent partial disability and an 85% loss of wage-earning capacity.

JANAKIEVSKI, MATTER OF (COMMISSIONER OF LABOR) (149 AD3d 1453):
3rd Dept. App. Div. order of 4/27/17; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right and whether any other jurisdictional basis exists for an appeal as of right; Unemployment Insurance--Benefits--Whether substantial evidence supports the Unemployment Insurance Appeal Board's determination that claimant was unable to meet the requirements for a valid original claim because his work for a nonprofit organization was excluded from the definition of employment under Labor Law § 563(2)(d); claimed violation of claimant's right to equal protection by treating people with disabilities differently for purposes of unemployment insurance benefits; App. Div. affirmed a 6/9/16 decision of the Unemployment Insurance Appeal Board which ruled that claimant was ineligible to receive unemployment insurance benefits because he failed to file a valid original claim.

MATTER OF NEW YORK CITY ASBESTOS LITIGATION (JUNI v A.O. SMITH WATER PRODUCTS COMPANY) (148 AD3d 233):
1st Dept. App. Div. order of 2/28/17; affirmance; leave to appeal granted by App. Div., 5/30/17; Labor--Safe Place to Work--Exposure to Toxic Substances--asbestos dust-- whether there was a sufficient "scientific expression" of plaintiff's exposure to asbestos to support the jury's verdict in plaintiff's favor; evidence--expert proof of causation in toxic tort case brought by auto mechanic afflicted with mesothelioma after more than 25 years of working in two garages which serviced vehicles manufactured by defendant Ford Motor Company; Supreme Court, New York County, granted defendant's motion to set aside the jury verdict in favor of plaintiff and set aside the verdict in its entirety; Supreme Court thereafter, awarded judgment in favor of defendant Ford Motor Company; App. Div. affirmed.

SCAVETTA v WECHSLER (149 AD3d 202):
1st Dept. App. Div. order of 3/16/17; affirmance; leave to appeal granted by App. Div., 5/23/17; Rule 500.11 review pending; Animals--Liability for Injuries--Whether a negligence claim may be asserted against a dog owner who attached the dog's leash to unsecured bike rack, which was put into motion when the dog fled and which eventually struck plaintiff, causing injuries; Supreme Court, New York County, granted defendant's motion for summary judgment dismissing the complaint and denied plaintiffs' cross motion for summary judgment on the issue of liability; App. Div. affirmed.

For June 9, 2017 through June 15, 2017, the following preliminary appeal statements were filed:

MEISSNER v YUN (150 AD3d 455):
1st Dept. App. Div. order of 5/11/17; 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; Parties--Standing--Whether plaintiff lacked standing to assert derivative claims on behalf of a dissolved Delaware limited liability company; Conflict of Laws--full faith and credit-- whether certificate of good standing of Delaware limited liability company was entitled to full faith and credit in New York action brought derivatively on behalf of that company; Supreme Court, New York County, granted defendants' motion for summary judgment dismissing the first through fifth causes of action insofar as asserted derivatively on behalf of plaintiff Manhattan Review LLC; App. Div. affirmed.

MORRISON (WILLIAM), PEOPLE v (148 AD3d 1707):
4th Dept. App. Div. order of 3/24/17; reversal; leave to appeal granted by Peradotto, J., 5/22/17; Rule 500.11 review pending; Crimes--Appeal--Mode of Proceedings Error--Whether a jury note constituted a substantive inquiry, thereby implicating the procedure required under People v O'Rama (78 NY2d 270 [1991]); application of CPL 310.30; whether a reconstruction hearing is appropriate where the record is ambiguous as to whether the court provided counsel with notice of a substantive jury note; County Court, Oneida County, convicted defendant of rape in the first degree, sexual abuse in the first degree and endangering the welfare of a vulnerable elderly person in the second degree; App. Div. reversed and granted a new trial on counts one through three of the indictment.

SIMMONS (JOHN), PEOPLE v (149 AD3d 1464):
4th Dept. App. Div. order of 4/28/17; affirmance; leave to appeal granted by Lindley, J., 5/23/17; Crimes--Unlawful Search and Seizure--Whether police had a founded suspicion of criminality justifying a level two inquiry under People v De Bour (40 NY2d 210 [1976]); Supreme Court, Erie County, convicted defendant, upon a plea of guilty, of criminal possession of a weapon in the second degree; App. Div. affirmed.

For June 16, 2017 through June 22, 2017, the following preliminary appeal statements were filed:

BETHUNE v MTA/LONG ISLAND BUS (2017 NY Slip Op 73279[U]):
2nd Dept. App. Div. order of 5/10/17; dismissal of appeal; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right and whether any other basis exists for an appeal as of right; Appeal--Appellate Division--Dismissal of appeal as untimely taken; App. Div. granted respondents' motion to dismiss the appeal as untimely taken, and dismissed the appeal.

MATTER OF NEW YORK CITY ASBESTOS LITIGATION (BROWN v BELL & GOSSETT COMPANY) (146 AD3d 461):
1st Dept. App. Div. order of 1/10/17; reversal; leave to appeal granted by App. Div., 5/30/17; Labor--Safe Place to Work--Exposure to Toxic Substances--Whether the evidence at trial established that defendant had the authority to control the activity that caused plaintiff's injury, namely, the application of asbestos-containing materials; Labor Law § 200; Supreme Court, New York County, granted defendant Consolidated Edison's posttrial motion to set aside the verdict against it and direct that judgment be entered in its favor dismissing the complaint against it; and thereafter, upon renewal and reargument, adhered to the 8/29/14 determination; App. Div. reversed, denied the posttrial motion, reinstated the verdict as against Consolidated Edison, and granted a new trial on damages for loss of consortium unless plaintiff stipulates, within 30 days after service of a copy of the order with notice of entry, to reduce the loss of consortium verdict to $360,000 and to entry of a judgment in accordance therewith.

ODUM (DONALD), PEOPLE v (54 Misc 3d 128(A)):
App. Term, 1st Dept order of 12/23/16; affirmance; leave to appeal granted Fahey, J., 6/13/17; Motor Vehicles--Chemical Tests--Where request to administer chemical breath test occurred more that two hours after defendant's arrest, whether defendant's refusal to submit to that test can be used against defendant in court; whether defendant's consent to the chemical breath test was involuntary; Criminal Court of the City of New York, Bronx County, granted defendant's motion to suppress evidence of his initial refusal to take a breathalyzer test and the subsequent breathalyzer results; and thereafter, upon reargument, adhered to the 6/30/15 order; App. Term affirmed.

ALAN S. PEARCE AND JOEL A LEVIN, AS SUCCESSOR TRUSTEES UNDER THE GOLDSTEIN TRUST v LIPETZ (150 AD3d 562):
1st Dept. App. Div. order of 5/23/17; modification with dissents; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution and whether the two-Justice dissent at the Appellate Division is on a question of law; Landlord and Tenant--Rent Regulation--Whether a rent stabilized tenant who repeatedly rents out a room in her apartment at market rates through the Airbnb website may be subject to lease termination pursuant to the Rent Stabilization Code (9 NYCRR 2525.6 [b] and [f])--room occupants as subtenants versus roommates or guests--excessive profit over regulated rent plus ten percent sublet allowance; possible landlord knowledge of/acquiescence to Airbnb arrangement through building manager--agency; eviction without opportunity to cure; summary judgment; Supreme Court, New York County, denied plaintiff's motion for summary judgment on its first, second and third causes of action and for dismissal of defendant's affirmative defenses and counterclaim, and denied defendant's cross motion for summary judgment dismissing the complaint; App. Div. modified, to grant plaintiff's motion, and to declare that plaintiff validly terminated the lease, and otherwise affirmed.

LISA T., MATTER OF v KING E. T. (147 AD3d 670):
1st Dept. App. Div. order of 2/28/17; affirmance; leave to appeal granted by App. Div., 5/18/17; Parent, Child and Family--Order of Protection--Whether Family Court erred in imposing an order of protection upon a finding that respondent willfully violated two temporary orders of protection--sufficiency of proof of violation of temporary orders of protection--Family Court Act § 846-a; Family Court, Bronx County, among other things, found that respondent willfully violated two temporary orders of protection; and thereafter, issued a one-year order of protection against respondent; App. Div. affirmed.

U.S. BANK NATIONAL ASSOCIATION v DLJ MORTGAGE CAPITAL, INC. (A.D. DOCKET NO. 1678) (141 AD3d 431):
1st Dept. App. Div. order of 7/7/16; affirmance; leave to appeal granted by Court of Appeals, 6/6/17; Limitation of Actions--Commencement of action after termination of prior action--where complaint was dismissed because plaintiff failed to satisfy a condition precedent and plaintiff lacked standing to sue, whether CPLR 205(a) applies to allow trustee, which was substituted as plaintiff, to commence a new action; whether trustee may rely on relation-back doctrine of CPLR 203(f); Supreme Court, New York County, dismissed the complaint with prejudice; App. Div. affirmed.

U.S. BANK NATIONAL ASSOCIATION v DLJ MORTGAGE CAPITAL, INC. (A.D. DOCKET NO. 1679) (141 AD3d 431):
1st Dept. App. Div. order of 7/7/16; affirmance; leave to appeal granted by Court of Appeals, 6/6/17; Contracts--Conditions Precedent--Where plaintiff trustee failed to comply with a contractual condition precedent to bringing suit, whether the timely claims were properly dismissed without prejudice to refiling pursuant to CPLR 205(a); limitation of actions--commencement of action after termination of prior action; Supreme Court, New York County, dismissed the complaint without prejudice on the ground that plaintiff did not fulfill a contractual condition precedent to suit; App. Div. affirmed.

WAITE, MATTER OF v TOWN OF CHAMPION (148 AD3d 1634):
4th Dept. App. Div. order of 3/24/17; affirmance; leave to appeal granted by Court of Appeals, 6/8/17; Municipal Corporations--Fire Districts--Dissolution--Whether respondent Town's dissolution plan for a fire protection district complied with General Municipal Law, article 17-A; Supreme Court, Jefferson County, dismissed the CPLR article 78 petition; App. Div. affirmed.