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For June 20, 2014 through June 26, 2014, the following preliminary appeal statements were filed:

APT v MORGAN STANLEY DW, INC. (115 AD3d 466):
1st Dept. App. Div. order of 3/11/14; affirmance; leave to appeal granted by Court of Appeals, 6/10/14; LIMITATION OF ACTIONS - FRAUD - TOLLING - WHETHER FILING OF ARBITRATION CLAIM TOLLED THE RELEVANT STATUTE OF LIMITATIONS PURSUANT TO CPLR 205(a) - FRAUDULENT CONCEALMENT - SUFFICIENCY OF PLEADING AS TO THE EXISTENCE OF FIDUCIARY RELATIONSHIP BETWEEN BROKER AND CLIENT - WHETHER TRADE CONFIRMATION SLIPS AND MONTHLY STATEMENTS PUT CLIENT ON NOTICE IN 2004 OR 2005 OF ALLEGED FRAUD; Supreme Court, New York County, granted the motion of defendants Morgan Stanley DW, Inc. and Morgan Stanley & Co, Inc. to dismiss the complaint pursuant to CPLR 3211(a)(5); App. Div. affirmed.

BOTTOM, MATTER OF v ANNUCCI (115 AD3d 1226):
4th Dept. App. Div. judgment of 3/21/14; dismissal of petition; leave to appeal granted by Court of Appeals, 6/12/14; PRISONS AND PRISONERS - DISCIPLINE OF INMATES - WHETHER A PRISON DISCIPLINARY DETERMINATION CAN BE BASED UPON A LOCAL FACILITY RULE THAT WAS NOT FILED WITH THE SECRETARY OF STATE; App. Div. confirmed respondent's determination that found after a tier III hearing that petitioner had violated an inmate rule, and dismissed the CPLR article 78 petition.

ESTATE OF LEWIS, MATTER OF (114 AD3d 203):
4th Dept. App. Div. order of 1/3/14; affirmance; leave to appeal granted by Court of Appeals, 6/12/14; WILLS - OBJECTIONS - REVOCATION - PRESUMPTION OF REVOCATION BY DESTRUCTION BASED UPON PETITIONER'S FAILURE TO PRODUCE ALL COPIES OF FIRST WILL - ALLEGED FAILURE OF COURTS BELOW TO EXERCISE EQUITY POWER - EFFECT OF TESTIMONY REGARDING LOST SECOND WILL AND DECEDENT'S INTENT TO REVOKE THE FIRST WILL; Surrogate's Court, Jefferson County, dismissed the objections to the petition for probate and admitted to probate that last will and testament of Robyn R. Lewis, deceased, executed July 15, 1996; App. Div. affirmed.

LIN (JIN CHENG), PEOPLE v (105 AD3d 761):
2nd Dept. App. Div. order of 4/3/13; modification; leave to appeal granted by Hall, J., 6/13/13; CRIMES - EVIDENCE - WHETHER THE TRIAL COURT ERRED IN PRECLUDING ADMISSION INTO EVIDENCE OF DEFENDANT'S COMPLAINT OF MISTREATMENT BY POLICE AND A VIDEOTAPE OF DEFENDANT'S INTERVIEW BY AN ASSISTANT DISTRICT ATTORNEY; CONFESSION - VOLUNTARINESS OF CONFESSION - PRE-ARRAIGNMENT DELAY AND CIRCUMSTANCES SURROUNDING INTERROGATION DURING THAT TIME; DIRECTION TO JURY TO CONTINUE DELIBERATIONS AFTER TRIAL COURT REFUSED TO ACCEPT VERDICT ON GROUNDS OF REPUGNANCY - WHETHER TRIAL COURT ERRED IN REFUSING TO DIRECT THE JURY TO RECONSIDER VERDICT IN ITS ENTIRETY; Supreme Court, Queens County, convicted defendant, upon a jury verdict, of six counts of murder in the first degree, six counts of murder in the second degree, burglary in the first degree, and attempted robbery in the first degree, and imposed sentence; App. Div. modified, by vacating the convictions of murder in the second degree, vacating the sentences imposed thereon, and dismissing those counts of the indictment, and affirmed the judgment as so modified.

McGINLEY v MYSTIC WEST REALTY CORP. (117 AD3d 504):
1st Dept. App. Div. order of 5/13/14; reversal with dissents; Rule 500.11 review pending; NEGLIGENCE - SIDEWALKS - TRIP AND FALL - WHETHER THE APPELLATE DIVISION ERRED IN HOLDING THAT CERTAIN DEFENDANTS WERE ENTITLED TO SUMMARY JUDGMENT DISMISSING THE COMPLAINT AND CROSS CLAIMS AS AGAINST THEM; Supreme Court, New York County, denied the motion of defendants Mystic West Realty Corp., d/b/a Rosie O'Grady's, and Trel Restaurant Inc., d/b/a Rosie O'Grady's, for summary judgment dismissing the complaint and cross claims as against them; App. Div. reversed, granted defendants' motion, and directed the Clerk to enter judgment dismissing the complaint and cross claims as against those defendants.

MITCHELL v CANTOR FITZGERALD, L.P. (2014 NY Slip Op 73087[U]):
1st Dept. App. Div. order of 5/27/14; dismissal of appeal; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; APPEAL - APPELLATE DIVISION - CHALLENGE TO APPELLATE DIVISION ORDER DISMISSING APPEAL FOR FAILURE TO TIMELY PERFECT - DISMISSAL OF APPEAL FROM SUPREME COURT ORDER GRANTING DEFENDANTS' MOTION TO DISMISS COMPLAINT AND DIRECTING THE PARTIES TO PROCEED TO ARBITRATION, PURSUANT TO ARBITRATION AGREEMENT IN A SECURITIES REGISTRATION FORM AND EMPLOYER- EMPLOYEE ARBITRATION AGREEMENT; Supreme Court, New York County, granted defendants' motion to dismiss the complaint and directed the parties to proceed to arbitration, implicitly denying plaintiff's cross motion for a default judgment; App. Div. granted defendants' motion to dismiss the appeal for failure to timely perfect and dismissed the appeal, implicitly denying plaintiff's motion to stay defendants' motion to dismiss the appeal and for other relief.

MITCHELL v NEW YORK UNIVERSITY (2014 NY Slip Op 73364[U]):
1st Dept. App. Div. order of 5/29/14; denial of motion; sua sponte examination whether the App. Div. order 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; APPEAL - APPELLATE DIVISION - CHALLENGE TO APPELLATE DIVISION ORDER DENYING PLAINTIFF'S MOTION FOR "SUMMARY JUDGMENT" AND FOR OTHER RELIEF WITH RESPECT TO HIS APPEAL FROM A SUPREME COURT ORDER THAT, AMONG OTHER THINGS, GRANTED DEFENDANTS' MOTION TO DISMISS THE COMPLAINT; Supreme Court, New York County, granted defendants' motion to dismiss the complaint and denied plaintiff's cross motion for a default judgment; App. Div. denied plaintiff's motion for "summary judgment" and for other relief.

PEOPLE v SPRINT NEXTEL CORP. (114 AD3d 622):
1st Dept. App. Div. order of 2/27/14; affirmance; leave to appeal granted by App. Div., 6/12/14; TAXATION - SALES AND USE TAXES - COMPLAINT ALLEGING VIOLATION OF NEW YORK FALSE CLAIMS ACT (STATE FINANCE LAW § 189[1][g]), EXECUTIVE LAW § 63(12) AND TAX LAW, ARTICLE 12, BY KNOWINGLY MAKING FALSE STATEMENTS MATERIAL TO AN OBLIGATION TO PAY SALES TAX PURSUANT TO TAX LAW § 1105(b)(2) - SALES TAX ON INTERSTATE VOICE SERVICE SOLD BY A MOBILE PROVIDER; PREEMPTION BY FEDERAL MOBILE TELECOMMUNICATIONS SOURCING ACT (4 USC 116, et seq.) - WHETHER EX POST FACTO CLAUSE OF THE U.S. CONSTITUTION (ART. I, § 10) BARS RETROACTIVE EFFECT OF CIVIL PENALTIES SOUGHT UNDER NEW YORK FALSE CLAIMS ACT; Supreme Court, New York County, denied defendants' motion to dismiss the complaint in its entirety; App. Div. affirmed.

SOARES, MATTER OF v CARTER (113 AD3d 993):
3rd Dept. App. Div. order of 1/23/14; affirmance; leave to appeal granted by Court of Appeals, 6/10/14; PROCEEDING AGAINST BODY OR OFFICER - PROHIBITION - WHETHER WRIT OF PROHIBITION LIES WHERE A DISTRICT ATTORNEY SEEKS AN ORDER PROHIBITING A JUDGE FROM EXERCISING HIS CONTEMPT POWER OVER THE DISTRICT ATTORNEY WHO HAS ELECTED NOT TO CONTINUE A CRIMINAL PROSECUTION; Supreme Court, Albany County, among other things, granted petitioner Albany County District Attorney a writ prohibiting Albany City Court Judge Carter from enforcing his prior orders to the extent they required petitioner to call witnesses and present proof at suppression hearings in the underlying criminal actions against respondents Donnaruma, et al.; App. Div. affirmed.

WILLIAMS v CARRION (117 AD3d 1387):
4th Dept. App. Div. order of 5/2/14; modification; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; SOCIAL SERVICES - PUBLIC ASSISTANCE - AID TO DEPENDANT CHILDREN - CLASS ACTION SEEKING DECLARATORY AND INJUNCTIVE RELIEF ON BEHALF OF LOW-INCOME FAMILIES WHO ARE REQUIRED TO PAY MORE THAN 10% OF THEIR RESPECTIVE GROSS INCOMES FOR SUCH CARE - WHETHER 18 NYCRR 415.3(e)(3), WHICH AUTHORIZES SOCIAL SERVICES DISTRICTS ACROSS THE STATE TO SELECT A MULTIPLIER BETWEEN 10% AND 35% TO USE IN THE FORMULA FOR CALCULATING THE SHARE OF CHILD CARE COSTS ALLOCATED TO ELIGIBLE FAMILIES, VIOLATES SOCIAL SERVICES LAW § 410-x(1) AND (6), AND PLAINTIFFS' CONSTITUTIONAL RIGHTS TO EQUAL PROTECTION AND TO TRAVEL; Supreme Court, Monroe County, among other things, granted defendant's cross motion for summary judgment; App. Div. modified by vacating the first decretal paragraph and granting judgment in favor of defendant, declaring that 18 NYCRR 415.3(e)(3) is not violative of Social Services Law § 410-x(1) or (6), and does not violate plaintiffs' constitutional right to travel or their right to equal protection of the law.

For June 27, 2014 through July 3, 2014, the following preliminary appeal statements were filed:

CATES (WALTER), PEOPLE v (92 AD3d 553):
1st Dept. App. Div order of 2/21/12; affirmance; leave to appeal granted by Graffeo, J., 6/25/14; CRIMES - RIGHT TO COUNSEL - WHETHER THE TRIAL COURT VIOLATED DEFENDANT'S RIGHT TO COUNSEL BY CONDUCTING AN EX PARTE, UNTRANSCRIBED DISCUSSION WITH THE PEOPLE'S MAIN WITNESS WHO CLAIMED HE WAS TOO ILL TO TESTIFY ON THE DAY HE WAS SCHEDULED; Supreme Court, Bronx County, convicted defendant, after a jury trial, of murder in the second degree, and sentenced him to a term of 25 years to life; App. Div. affirmed.

HILLCREST HOMES, LLC v ALBION MOTOR HOMES, INC. (117 AD3d 1434):
4th Dept. App. Div. order of 5/2/14; modification; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution and whether an appeal lies of right from the unanimous order of the App. Div.; LANDLORD AND TENANT - MOBILE HOME PARKS - DISPUTE OVER SALE AND REMOVAL OF MANUFACTURED HOMES - DISMISSAL FOR FAILURE TO STATE A CAUSE OF ACTION - CLAIMS ALLEGING VIOLATIONS OF REAL PROPERTY LAW § 233; Supreme Court, Orleans County, among other things, granted defendants' motion to dismiss plaintiff's complaint; App. Div. modified by denying that part of the motion seeking dismissal of the 45th cause of action and reinstating that cause of action.

JOHNSON (ERIC), PEOPLE v:
County Court order of 12/4/13; affirmance; leave to appeal granted by Abdus- Salaam, J., 6/23/14; CRIMES - UNLAWFUL SEARCH AND SEIZURE - WHETHER THE POLICE HAD REASONABLE SUSPICION TO STOP THE CAR IN WHICH DEFENDANT WAS TRAVELING BASED UPON INFORMATION PROVIDED BY AN ANONYMOUS TELEPHONE CALLER AND THE DRIVER'S COMMISSION OF A TRAFFIC INFRACTION WHILE BEING FOLLOWED BY THE POLICE; Naples Town Court convicted defendant, upon his guilty plea, of misdemeanor driving while intoxicated; County Court, Ontario County, affirmed.

MIDDLEBROOKS (WILLIAM), PEOPLE v (117 AD3d 1445):
4th Dept. App. Div. order of 5/2/14; affirmance; leave to appeal granted by Graffeo, J., 6/25/14; INFANTS - YOUTHFUL OFFENDERS - WHETHER SENTENCING COURT IS REQUIRED TO DETERMINE IF DEFENDANT CONVICTED OF "ARMED FELONIES" IS ELIGIBLE FOR YOUTHFUL OFFENDER STATUS PURSUANT TO PENAL LAW § 720.10(3) - PEOPLE v RUDOLPH (21 NY3d 497 [2013]); County Court, Erie County, convicted defendant, upon his guilty plea, of three counts of robbery in the first degree and robbery in the second degree; App. Div. affirmed.

MOORE (KENNETH), PEOPLE v (34 Misc 3d 151[A]):
App. Term, 1st Dept. order of 2/22/12; affirmance; leave to appeal granted by Read, J., 6/9/14; CRIMES - PLEA OF GUILTY - NO MOTION TO WITHDRAW PLEA - WHETHER GUILTY PLEA WAS INVALID UNDER PEOPLE v TYRELL (22 NY3d 359 [2013]); Criminal Court of the City of New York, New York County, convicted defendant, upon his guilty plea, of criminal possession of a controlled substance in the seventh degree, and imposed sentence; App. Term affirmed.

NOMURA ASSET CAPITAL CORPORATION v CADWALADER, WICKERSHAM & TAFT, LLP (115 AD3d 228):
1st Dept. App. Div. order of 2/13/14; modification; leave to appeal granted by App. Div., 6/19/14; ATTORNEY AND CLIENT - MALPRACTICE - ACTION AGAINST LAW FIRM ALLEGING FAILURE TO PROVIDE APPROPRIATE LEGAL ADVICE AND THE RENDERING OF LEGAL OPINION WITHOUT PERFORMING THE NECESSARY DUE DILIGENCE, IN CONNECTION WITH THE SECURITIZATION OF A POOL OF COMMERCIAL MORTGAGE LOANS; SUMMARY JUDGMENT; Supreme Court, New York County, denied defendant's motion for summary judgment dismissing the first cause of action; App. Div. modified by granting defendant's motion for summary judgment with respect to that part of the cause of action alleging that defendant failed to properly advise plaintiffs.

ESTATE OF WAGNER, MATTER OF:
Surrogate's Court, Seneca County, order of 5/27/14; sua sponte examination whether the order appealed from finally determines the proceeding within the meaning of the Constitution and whether the only question involved on the appeal is the constitutional validity of a statutory provision; COURTS - SURROGATE'S COURT - CHALLENGE TO ORDER DENYING WHAT WAS CONSTRUED AS AN APPLICATION FOR PERMISSION TO BRING A MOTION TO REMOVE THE REQUIREMENT THAT PETITIONER OBTAIN COURT PERMISSION BEFORE FILING ADDITIONAL APPLICATIONS; Surrogate's Court treated petitioner's papers as an application for permission to bring a motion to remove the requirement that petitioner obtain court permission before filing additional applications, and denied the application.