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For June 28, 2019 through July 4, 2019, the following preliminary appeal statements were filed:

BADJI (FREDERIC), PEOPLE v (171 AD3d 499):
1st Dept. App. Div. order of 4/9/19; affirmance; leave to appeal granted by Garcia, J., 6/19/19; Crimes--Larceny--Whether a defendant may be convicted of grand larceny based on the theft of the victim's credit card where the People present proof that defendant used victim's credit card number to make purchases but did not possess the physical credit card; Crimes--Identification of Defendant--Whether the trial court properly admitted non-eyewitness testimony regarding identification of defendant; Crimes--Evidence–Whether best evidence rule applies to video stills where the People did not introduce video surveillance tape from which the video stills were taken; Supreme Court, New York County, convicted defendant of attempted grand larceny in the fourth degree, criminal possession of stolen property in the fourth degree, and three counts of grand larceny in the fourth degree; App. Div. affirmed.

DEL ROSARIO (SERGIO), PEOPLE v (170 AD3d 759):
2nd Dept. App. Div. order of 3/6/19; affirmance; leave to appeal granted by Court of Appeals, 6/13/19; Crimes--Sex Offenders--Sex Offender Registration Act--Level Two Sex Offender--Upward Departure--Whether the courts below erred in concluding that defendant's familial relationship with the victim was an aggravating circumstance not adequately taken into account by the Risk Assessment Instrument and provided a basis to upwardly depart from the presumptive risk level; Supreme Court, Westchester County, designated defendant a level 3 sex offender following a hearing; App. Div. affirmed.

LeCLAIR, MATTER OF v FERGUSON; FERGUSON, MATTER OF v LeCLAIR:
Family Court, Warren County orders of 6/7/19; sua sponte examination whether the orders appealed from finally determine the proceedings within the meaning of the Constitution and whether a direct appeal lies as of right pursuant to CPLR 5601(b)(2); Parent, Family and Child--Visitation--Visitation Rights of Grandparents--alleged constitutional violations; Family Court, inter alia, dismissed the petition for a violation of a prior visitation order and dismissed the separate petition to modify the visitation order; Family Court granted the petition to enforce a final order of visitation, held respondents in contempt of court, and imposed a 30-day suspended sentence of incarceration against respondents.

MANKO v LENOX HILL ANESTHESIOLOGY, PLLC (2019 NY Slip Op 70982[U]):
2nd Dept. App. Div. order of 5/22/19; denial of motion; sua sponte examination of 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; Appeal- -Appealable Paper--Appellate Division order denying motion to vacate or, in the alternative, for leave to appeal; App. Div. denied appellant's motion, inter alia, to recall and vacate so much of the decision and order on motion of the App. Div. dated 2/8/11, as dismissed an appeal from an order of the Supreme Court, Kings County, dated 7/8/09, for failure to timely perfect and to extend the time to perfect the appeal, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order on motion of the App. Div. dated 2/8/11.

PETTUS v BOARD OF DIRECTORS; PETTUS v MAZZOLA (2019 NY Slip Op 72214[U], 2019 NY Slip Op 72215[U], 2019 NY Slip Op 72216[U]):
App. Term, 1st Dept. orders of 6/7/19; denial leave to appeal; sua sponte examination whether the orders appealed from finally determine the actions within the meaning of the Constitution and whether any jurisdictional basis exists for an appeal as of right; Appeal--Appealable Paper; App. Term denied leave to appeal to the App. Div. (Index Nos. 2100/18, 2184/18 and 2390/19).

For June 21, 2019 through June 27, 2019, the following preliminary appeal statements were filed:

ATES, MATTER OF v CRECCA (172 AD3d 706):
2nd Dept. App. Div. order of 5/1/19; denial of petition; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Proceeding against Body or Officer--Prohibition; App. Div. denied the petition and dismissed the proceeding.

DiLORENZO v WINDERMERE OWNERS LLC (— AD3d —, 2019 NY Slip Op 04779):
1st Dept. App. Div. order of 6/13/19; reversal; Landlord and Tenant--Rent Regulation--Whether defendants, original and successor owner of residential building, substantiated defendants' claims that they made sufficient expenditures for individual apartment improvements, thereby rendering subject apartment exempt from rent stabilization; whether plaintiff waived claim regarding useful life of improvements; Supreme Court, New York County, directed entry of judgment in favor of plaintiff; App. Div. reversed, vacated the judgment and dismissed the complaint.

PETTUS v BOARD OF DIRECTORS (INDEX NO. 260012/2018):
Supreme Court, Bronx County order of 6/5/19; dismissal; sua sponte examination of whether any jurisdictional basis exists for an appeal as of right; Appeal--Appealable Paper; Supreme Court dismissed the complaint and issued a litigation injunction.

PETTUS v DOUGLAS:
Supreme Court, Bronx County order of 6/5/19; dismissal; sua sponte examination of whether any jurisdictional basis exists for an appeal as of right; Appeal--Appealable Paper; Supreme Court dismissed the complaint and issued a litigation injunction.

WALL, MATTER OF v ANNUCCI:
Supreme Court, Erie County order of 6/5/19; dismissal; sua sponte examination of whether any jurisdictional basis exists for an appeal as of right; Prisons and Prisoners-- Challenge to require sex offender treatment program; Supreme Court dismissed the CPLR article 78 petition.

WHITE, MATTER OF v ANNUCCI (APP. DIV. NO. 527619) (2019 NY Slip Op 72142[U]):
3rd Dept. App. Div. order of 5/31/19; sua sponte examination of 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--Appealable Paper--Appellate Division order denying motion to reargue and renew or, in the alternative, for leave to appeal; App. Div. denied appellant's motion to reargue and renew or, in the alternative, for permission to appeal to the Court of Appeals.