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For June 22, 2012 through June 28, 2012, the following preliminary appeal statements were filed:

ADELMAN, MATTER OF v GARY (95 AD3d 880):
2nd Dept. App. Div. judgment of 5/1/12; dismissal of CPLR article 78 proceeding; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; PROCEEDING AGAINST BODY OR OFFICER - MANDAMUS - WHETHER MANDAMUS LIES TO COMPEL RESPONDENT SUPREME COURT JUSTICE TO VACATE A SENTENCE IMPOSED AND TO RESENTENCE PETITIONER, OR TO RECONSIDER PETITIONER'S PRIOR MOTION PURSUANT TO CPL 440.20; App. Div. denied the petition, and dismissed the CPLR article 78 proceeding.

BARNES, MATTER OF v HARLING (96 AD3d 1415):
4th Dept. App. Div. order of 6/8/12; confirmation of determination; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right and whether any jurisdictional basis exists to support appeal as of right; PRISONS AND PRISONERS - DISCIPLINE OF INMATES - WHETHER SUBSTANTIAL EVIDENCE SUPPORTS THE DETERMINATION OF GUILT WITH RESPECT TO CHARGES THAT PETITIONER HAD VIOLATED VARIOUS JAIL RULES AND REGULATIONS; ALLEGED FAILURE TO COMPLY WITH PETITIONER'S DISCLOSURE REQUEST; App. Div. confirmed determinations of respondent County Jail Superintendent finding that petitioner had violated various jail rules.

CHISHOLM (DEREK), PEOPLE v (89 AD3d 859):
2nd Dept. App. Div. order of 11/9/11; affirmance; leave to appeal granted by Jones, J., 6/13/12; CRIMES - ARREST - PROBABLE CAUSE - WHETHER SUPREME COURT ERRED BY FAILING (1) TO GRANT DEFENDANT'S REQUEST FOR A DARDEN HEARING OR (2) TO REVIEW TESTIMONY GIVEN BY CONFIDENTIAL INFORMANT BEFORE WARRANT-ISSUING COURT AND DETERMINE IF THERE WAS SUFFICIENT PROBABLE CAUSE TO ISSUE THE WARRANT AND COMPLIANCE WITH CPL 690.40(1); Supreme Court, Queens County convicted defendant, after a nonjury trial, of two counts of criminal possession of a weapon in the second degree, three counts of criminal possession of a weapon in the third degree, criminally using drug paraphernalia in the second degree, and criminal possession of marijuana in the fifth degree; thereafter, the same court resentenced defendant; App. Div. affirmed.

W. (DASHAWN), MATTER OF (91 AD3d 505):
1st Dept. App. Div. order of 1/17/12; affirmance; leave to appeal granted by Court of Appeals, 6/5/12; PARENT AND CHILD - ABUSED OR NEGLECTED CHILD - WHETHER THE AGENCY'S DUTY TO USE "DILIGENT EFFORTS" TO ENCOURAGE AND STRENGTHEN THE PARENTAL RELATIONSHIP WAS PROPERLY EXCUSED (SOCIAL SERVICES LAW § 384-b[8][a][iv]) - WHETHER THE RECORD CONTAINS SUFFICIENT EVIDENCE OF "DEPRAVED INDIFFERENCE TO HUMAN LIFE" (SOCIAL SERVICES LAW § 384-b[8][a][i]) TO SUPPORT THE "SEVERE ABUSE" ADJUDICATION; Family Court, New York County, upon a fact-finding determination that respondent father committed acts constituting severe abuse, found that petitioner Administration for Children's Services (ACS) is excused from making diligent efforts to reunite father with his son; App. Div. affirmed.

DELAKAS, MATTER OF v MINTZ (94 AD3d 643):
1st Dept. App. Div. order of 4/26/12; affirmance with dissents; Rule 500.11 review pending; LICENSES - DENIAL OF APPLICATION FOR A LICENSE TO OPERATE AN EXISTING NEWSSTAND - PETITIONER HAS PAID LICENSEES A WEEKLY FEE TO OPERATE THE NEWSSTAND SINCE 1987 - WHETHER PETITIONER MEETS CRITERIA FOR ACCEPTANCE OF LICENSE APPLICATION UPON "DEATH OR DISABILITY OF LICENSEE" (6 RCNY 2-64[a][12]); Supreme Court, New York County denied the CPLR article 78 petition, and dismissed the proceeding to annul respondent's 1/6/11 determination denying petitioner's application to renew a license to operate an existing newsstand; App. Div. affirmed.

DUARTE, MATTER OF v CITY OF NEW YORK (91 AD3d 778):
2nd Dept. App. Div. order of 1/17/12; affirmance; leave to appeal granted by Court of Appeals, 6/12/12; PRISONS AND PRISONERS - CONDITIONS OF CONFINEMENT - WHETHER DECISION AS TO WHETHER NEWBORN CHILD MAY REMAIN WITH MOTHER IN CORRECTIONAL FACILITY MUST BE DECIDED BASED ON WELFARE OF CHILD ALONE, OR WHETHER AUTHORITIES MAY ALSO CONSIDER INTERESTS OF THE INSTITUTION, OTHER INMATES, AND OTHER INMATES' CHILDREN; PARENT AND CHILD; Supreme Court, Queens County, among other things, granted petition to annul a 3/10/11 determination of the New York City Department of Correction denying petitioner's application for admission to Rikers Island nursery program upon the birth of her child; App. Div. affirmed.

HASTINGS v SAUVE (94 AD3d 1171):
3rd Dept. App. Div. order of 4/5/12; modification; leave to appeal granted by App. Div., 6/6/12; Rule 500.11 review pending; JUDGMENTS - SUMMARY JUDGMENT - CLAIM INVOLVING INJURY INFLICTED BY DOMESTIC ANIMAL - STRICT LIABILITY VERSUS COMMON LAW NEGLIGENCE; Supreme Court, Franklin County granted motions by defendants Sauve and Delarm for summary judgment dismissing the complaint as against them; App. Div. modified by granting summary judgment dismissing the complaint against defendant Williams.

JONES (LESTER), PEOPLE v (85 AD3d 612):
1st Dept. App. Div. order of 6/23/11; affirmance; leave to appeal granted by Lippman, Ch.J., 6/8/12; CRIMES - SUPPRESSION HEARING - "INTERVENING PROBABLE CAUSE" WHERE POLICE DID NOT HAVE PROBABLE CAUSE WHEN THEY ARRESTED DEFENDANT, BUT SOON AFTER ARREST THE ARRESTING OFFICER OBTAINED SUFFICIENT EVIDENCE TO CONSTITUTE PROBABLE CAUSE FROM ANOTHER POLICE OFFICER - WHETHER LINEUP, CONDUCTED AFTER DEFENDANT HAD BEEN IN CUSTODY FOR EIGHT HOURS, WAS ATTENUATED FROM THE ILLEGAL ARREST - POSSIBLE LAFONTAINE ISSUE WHERE APPELLATE DIVISION AFFIRMED IN PART BASED ON "FELLOW OFFICER" RULE; Supreme Court, New York County convicted defendant, after a jury trial, of burglary in the first degree and robbery in the second degree, and imposed sentence; App. Div. affirmed.

MOORE v FEDERATED DEPARTMENT STORES, INC. (94 AD3d 638):
1st Dept. App. Div. order of 4/24/12; dismissal; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution; APPEAL - APPELLATE DIVISION - DISMISSAL OF APPEALS; DISCOVERY ISSUES; SANCTIONS; ALLEGED CIVIL RIGHTS VIOLATIONS; Supreme Court, New York County, among other things, denied plaintiff's motions to strike defendants' answer and to compel responses to discovery and granted defendants' cross motions for sanctions to the extent of directing plaintiff's counsel to, among other things, pay $2,000 to the Lawyers' Fund for Client Protection (7/16/10 order); thereafter the same court granted defendant Macy's motion to compel plaintiff's compliance with discovery, and denied plaintiff's motion to stay the 7/16/10 order pending appeal; App. Div. dismissed the appeal from both Supreme Court orders.

PALLAGI (SASHALEE N. and TATIANA S.), PEOPLE v (91 AD3d 1266, 91 AD3d 1273):
4th Dept. App. Div. orders of 1/31/12; reversal; leave to appeal granted by Scudder, P. J., 4/3/12; Rule 500.11 review pending; CRIMES - LARCENY - PROOF OF VALUE - SHOPLIFTING - SUFFICIENCY OF THE EVIDENCE THAT THE VALUE OF THE STOLEN PROPERTY EXCEEDED $1,000; DISCLOSURE - NOTICE OF INTENTION TO OFFER EVIDENCE - ADEQUACY OF CPL 710.30 NOTICE CONCERNING THE SUBSTANCE OF A STATEMENT BY ONE OF THE DEFENDANTS TO BE PRESENTED AT TRIAL - TRIAL COURT'S DENIAL OF MOTION TO STRIKE TESTIMONY REGARDING THAT STATEMENT; Ontario County Court convicted defendants Sashalee N. Pallagi and Tatiana S. Pallagi, upon a jury verdict, of grand larceny in the fourth degree; App. Div. reversed the judgments and dismissed the indictment against defendants without prejudice to the People to file any appropriate charge.

PRESCOTT (TYRONE), PEOPLE v (87 AD3d 1413):
4th Dept. App. Div. order of 9/30/11; denial of writ of error coram nobis; leave to appeal granted by Smith, J., 5/15/12; APPEAL - EFFECTIVENESS OF APPELLATE COUNSEL - APPLICATION FOR WRIT OF ERROR CORAM NOBIS - CLAIMED CONFLICT OF INTEREST OF APPELLATE COUNSEL WHO ALSO REPRESENTED CO-DEFENDANT WHO PLEADED GUILTY AND TESTIFIED AGAINST DEFENDANT; DUE PROCESS; App. Div. denied application for writ of error coram nobis.

SAGAL-COTLER, MATTER OF v BOARD OF EDUCATION OF CITY SCHOOL DISTRICT OF CITY OF NEW YORK (96 AD3d 409):
1st Dept. App. Div. order of 6/5/12; reversal; SCHOOLS - BOARD OF EDUCATION - LEGAL REPRESENTATION OF BOARD OF EDUCATION EMPLOYEE REGARDING DISCIPLINARY ACTION TAKEN AGAINST STUDENTS - WHETHER EDUCATION LAW § 2560, WHICH INCORPORATES BY REFERENCE GENERAL MUNICIPAL LAW § 50-k, AND EDUCATION LAW § 3028 CONFLICT OR SHOULD BE READ AND APPLIED TOGETHER; Supreme Court, New York County, among other things, granted a CPLR article 78 petition seeking a judgment declaring that respondents' denial of legal representation and indemnification of expenses petitioner incurred in defense of a civil action was arbitrary and capricious and contrary to law, and directed respondents to provide petitioner with legal representation and reimburse her for all reasonable legal fees incurred in defense of the action; App. Div. reversed, denied the petition and dismissed the proceeding.

SANCHEZ (NICHOLAS), PEOPLE v (95 AD3d 241):
1st Dept. App. Div. order of 4/10/12; affirmance; leave to appeal granted by Freedman, J., 6/12/12; CRIMES - RIGHT TO COUNSEL - EFFECTIVE REPRESENTATION - DEFENSE COUNSEL'S REPRESENTATION OF INDIVIDUAL WHO HAD CONNECTIONS TO THIS CASE; IDENTIFICATION OF DEFENDANT - IMPROPER BOLSTERING OF IDENTIFICATION EVIDENCE; Supreme Court, Bronx County convicted defendant, after a jury trial, of robbery in the first degree and imposed sentence; App. Div. affirmed.

STORMAN, MATTER OF v NEW YORK CITY DEPARTMENT OF EDUCATION (95 AD3d 776):
1st Dept. App. Div. order of 5/31/12; affirmance of judgment and reversal of order; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right (regarding the CPLR article 78 proceeding) and whether the order finally determines the proceeding within the meaning of the Constitution (regarding the contempt application); PROCEEDING AGAINST BODY OR OFFICER - CERTIORARI - "STIGMA PLUS" DUE PROCESS CLAIM - WHETHER "ARBITRARY AND CAPRICIOUS ABUSE OF DISCRETION" STANDARD OF REVIEW APPLIES TO REVIEW OF AN "UNSATISFACTORY" TEACHER RATING; SCHOOLS - TEACHERS; CONTEMPT; Supreme Court, New York County, in a 11/29/10 order, among other things, granted petitioner's motion to hold respondent Department of Education in contempt for its alleged failure to comply with a 5/19/09 judgment; Supreme Court, in a 9/9/11 judgment, denied the petition to annul a 10/29/10 determination of respondent Department of Education which sustained petitioner's unsatisfactory rating for the 2007-2008 school year, and dismissed the CPLR article 78 proceeding; App. Div. affirmed the 9/9/11 judgment, reversed the 5/19/09 order and denied petitioner's contempt motion.

THOMAS, MATTER OF v NEW YORK CITY DEPARTMENT OF EDUCATION (96 AD3d 401):
1st Dept. App. Div. order of 6/5/12; affirmance; SCHOOLS - BOARD OF EDUCATION - LEGAL REPRESENTATION OF SCHOOL BOARD EMPLOYEES REGARDING DISCIPLINARY ACTION TAKEN AGAINST A STUDENT - WHETHER EDUCATION LAW § 2560, WHICH INCORPORATES BY REFERENCE GENERAL MUNICIPAL LAW § 50-k, AND EDUCATION LAW § 3028 CONFLICT OR SHOULD BE READ AND APPLIED TOGETHER; Supreme Court, New York County denied a CPLR article 78 petition seeking judgment directing respondents to provide legal representation and reimbursement of legal fees and expenses incurred in defense of a civil action, and dismissed the proceeding; App. Div. affirmed.

WEST v HOGAN (88 AD3d 1247):
4th Dept. App. Div. order of 10/7/11; modification with dissents; Rule 500.11 review pending; DAMAGES - PUNITIVE DAMAGES - REAL PROPERTY CLAIMED BY ADVERSE POSSESSION - WHETHER PUNITIVE DAMAGES ARE APPROPRIATE WHERE WRONGDOER DISPUTED OWNERSHIP RIGHTS TO PROPERTY WHERE MALICIOUS ACTS OCCURRED; Supreme Court, Lewis County, among other things, after a jury verdict, declared that plaintiffs are the absolute fee titled owners of the disputed parcel of real property, and awarded to plaintiffs compensatory damages of $1,500 and punitive damages of $200,000 from defendant Mark Hogan; App. Div. modified by vacating the award of punitive damages, and granted a new trial on punitive damages only unless plaintiffs stipulated to reduce the award of punitive damages to $15,000, in which event the order and judgment is modified accordingly and affirmed as so modified; thereafter, plaintiffs stipulated to reduce the award of punitive damages to $15,000.

For June 29, 2012 through July 5, 2012, the following preliminary appeal statements were filed:

ALCIDE (JAMES), PEOPLE v (95 AD3d 897):
2nd Dept. App. Div. order of 5/1/12; affirmance; leave to appeal granted by Graffeo, J., 6/25/12; CRIMES - JURORS - WHETHER TRIAL COURT COMMITTED MODE OF PROCEEDINGS ERROR IN PERSONALLY PARTICIPATING IN THE READBACK OF TESTIMONY OF TWO PROSECUTION WITNESSES; ALLEGED DUE PROCESS VIOLATIONS AND VIOLATION OF CPL 310.30; Supreme Court, Kings County convicted defendant, upon a jury verdict, of murder in the second degree and criminal possession of a weapon in the second degree, and imposed sentence; App. Div. affirmed.

BEATY (DONNY P.), PEOPLE v (89 AD3d 1414):
4th Dept. App. Div. order of 11/10/11; affirmance; leave to appeal granted by Smith, J., 6/27/12; CRIMES - INSTRUCTIONS - INTOXICATION - WHETHER THE TRIAL COURT ERRED IN REFUSING TO CHARGE THE JURY THAT INTOXICATION MAY NEGATE THE INTENT ELEMENT OF RAPE IN THE FIRST DEGREE; CONSOLIDATION AND SEVERANCE - WHETHER THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION TO SEVER THE FIRST FOUR COUNTS OF THE INDICTMENT, WHICH INVOLVED ONE VICTIM AND CHARGED HIM WITH, AMONG OTHER THINGS, RAPE IN THE FIRST DEGREE, FROM THE FIFTH COUNT OF THE INDICTMENT, WHICH CHARGED HIM WITH BURGLARY IN THE SECOND DEGREE WITH RESPECT TO ANOTHER VICTIM; SUFFICIENCY OF THE EVIDENCE OF BURGLARY IN THE SECOND DEGREE; Supreme Court, Monroe County convicted defendant, upon a jury verdict, of rape in the first degree, burglary in the first degree, assault in the second degree, petit larceny and burglary in the second degree; App. Div. affirmed.

BROWN (THOMAS), PEOPLE v (90 AD3d 575):
1st Dept. App. Div. order of 12/27/11; affirmance; leave to appeal granted by Jones, J., 6/21/12; CRIMES - SENTENCE - CONCURRENT AND CONSECUTIVE TERMS - WHETHER DEFENDANT WAS VALIDLY SENTENCED TO CONSECUTIVE TERMS OF IMPRISONMENT FOR CONVICTIONS OF MURDER IN THE SECOND DEGREE AND CRIMINAL POSSESSION OF A WEAPON IN THE THIRD DEGREE; WHETHER PROSECUTOR'S SUMMATION IMPERMISSIBLY SHIFTED THE BURDEN OF PROOF; Supreme Court, New York County convicted defendant, after a jury trial, of murder in the second degree and criminal possession of a weapon in the third degree, and sentenced him to an aggregate term of 28 years to life; App. Div. affirmed.

DARRYL C., MATTER OF (— AD3d —, 2012 NY Slip Op 05118):
1st Dept. App. Div. order of 6/26/12; reversal with dissents; sua sponte examination whether the two-Justice dissent at the App. Div. is on a question of law; INFANTS - JUVENILE DELINQUENTS - UNLAWFUL SEARCH AND SEIZURE - WHETHER POLICE OFFICER WAS JUSTIFIED IN CONDUCTING A LIMITED SAFETY FRISK; Family Court, Bronx County adjudicated Darryl C. a juvenile delinquent upon his admission that he committed acts that, if committed by an adult, would constitute the crime of criminal possession of a weapon in the second degree, and placed him on probation; App. Div. reversed and dismissed the delinquency petition.

FLAMENBAUM, MATTER OF (95 AD3d 1318):
2nd Dept. App. Div. order of 5/30/12; reversal; leave to appeal granted by App. Div., 6/22/12; Rule 500.11 review pending; EXECUTORS AND ADMINISTRATORS - CLAIMS AGAINST ESTATE - MUSEUM'S CLAIM FOR RETURN OF AN ARTIFACT IN POSSESSION OF THE DECEASED; LACHES; ESTATES - ACCOUNTING; Surrogate's Court, Nassau County, after a hearing, among other things, determined that the Vorderasiatisches Museum had met its prima facie burden of proving legal title or a superior right of possession to certain personal property in the possession of the estate of Riven Flamenbaum and denied the museum's claim for return of the property as barred by the doctrine of laches; App. Div. reversed, granted the museum's claim for return of certain personal property in the possession of the estate of Riven Flamenbaum, and remitted the matter to Surrogate's Court for further proceedings including the entry of a decree, among other things, directing Hannah K. Flamenbaum, as executor of the estate of Riven Flamenbaum, to turn over the subject property to the museum, and dismissed the executor's cross appeal.

GLASSMAN v ProHEALTH AMBULATORY SURGERY CENTER, INC. (96 AD3d 801):
2nd Dept. App. Div. order of 6/13/12; dismissal; sua sponte examination whether the terms of the Court's remittitur were violated; APPEALS - ALLEGED VIOLATION OF COURT OF APPEALS REMITTITUR; App. Div. dismissed defendants' appeal from a 9/24/10 Supreme Court, Nassau County, order that, among other things, denied that branch of their motion which was to discharge or cancel an appeal bond filed by them on 5/23/07, and determined that plaintiff is entitled to enforce an interlocutory judgment entered on 1/16/09, on consent of the parties, that awarded the plaintiff an attorney's fee.

GLASSMAN v ProHEALTH AMBULATORY SURGERY CENTER, INC. (96 AD3d 799):
2nd Dept. App. Div. order of 6/13/12; dismissal; sua sponte examination whether the terms of the Court's remittitur were violated; APPEALS - ALLEGED VIOLATION OF COURT OF APPEALS REMITTITUR; App. Div. (1) dismissed defendants' appeal from stated portions of a Supreme Court order entered 10/29/10, which, among other things, upon remittitur, in effect, denied those branches of their motion which were for leave to renew their prior motion for leave to amend their answer to include an affirmative defense alleging breach of contract and a counterclaim alleging breach of fiduciary duty and, thereupon, for summary judgment dismissing the complaint and on the proposed counterclaim alleging breach of fiduciary duty; (2) dismissed defendants' appeal from stated portions of an amended decision of Supreme Court dated 6/2/11; and (3) affirmed a Supreme Court amended judgment entered 9/10/11, which, upon the order entered 10/29/10, and upon an interlocutory judgment entered 1/16/09, awarding plaintiff attorney's fees, was in plaintiff's favor in the principal sum of $512,061, plus $925,000 in attorney's fees.

ISLAND PARK, LLC v STATE OF NEW YORK (93 AD3d 1064):
3rd Dept. App. Div. order of 3/22/12; affirmance; leave to appeal granted by Court of Appeals, 6/27/12; EMINENT DOMAIN - DE FACTO APPROPRIATION - CLOSURE OF A PRIVATE AT-GRADE RAILROAD CROSSING - WHETHER CLOSURE OF CROSSING WAS A DE FACTO TAKING OF CLAIMANT'S EASEMENT OVER THE CROSSING; Court of Claims, among other things, granted defendant's cross motion for summary judgment dismissing the claim; App. Div. affirmed.

JOHNSON (MARCHE), PEOPLE v (94 AD3d 1496):
4th Dept. App. Div. order of 4/27/12; affirmance; leave to appeal granted by Fahey, J., 5/31/12; Rule 500.12 review pending; CRIMES - SENTENCE - RESENTENCE - POSTRELEASE SUPERVISION - APPROPRIATE CORRECTIVE ACTION - CHALLENGE TO APPELLATE DIVISION DETERMINATION THAT SENTENCING COURT ERRED IN PERMITTING DEFENDANT TO REPRESENT HIMSELF AT RESENTENCING, BUT THAT SUCH ERROR DID NOT REQUIRE A REMAND FOR RESENTENCING BECAUSE THERE WERE NO ISSUES TO BE LITIGATED WITH RESPECT TO THE SENTENCE - WHETHER PEOPLE STIPULATED TO RESENTENCE WITHOUT IMPOSITION OF POSTRELEASE SUPERVISION; Cayuga County Court resentenced defendant to the same term of imprisonment as to which he was originally sentenced, to be followed by five years of postrelease supervision; App. Div. affirmed.

MORRIS BUILDERS, LP, MATTER OF v NEW YORK STATE EMPIRE ZONE DESIGNATION BOARD (95 AD3d 1381):
3rd Dept. App. Div. order of 5/3/12; modification; CONSTITUTIONAL LAW - TAKING OF PROPERTY - ELIGIBILITY TO PARTICIPATE IN EMPIRE ZONE PROGRAM - WHETHER THE APRIL 2009 AMENDMENTS TO GENERAL MUNICIPAL LAW § 959, PROVIDING FOR THE REVOCATION OF ELIGIBILITY TO PARTICIPATE IN THE EMPIRE ZONE PROGRAM FOR COMPANIES THAT FAILED TO MEET CERTAIN CRITERIA AS OF 1/1/08 VIOLATED DUE PROCESS; ECONOMIC DEVELOPMENT; Supreme Court, Albany County, among other things, dismissed petitioner's application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to review a determination of respondent Empire Zone Designation Board revoking the certification of petitioner Morris Builders, LP as an empire zone business enterprise; App. Div. modified by reversing so much of the judgment as dismissed that part of the petition/complaint seeking a declaration that the April 2009 amendments to General Municipal Law § 959 may not be applied retroactively to 1/1/08; granted the petition/complaint to that extent and declared that said amendments shall be applied prospectively; and affirmed the judgment as so modified.

NOGHREY v TOWN OF BROOKHAVEN (92 AD3d 851):
Supreme Court, Suffolk County second amended judgment of 4/27/12, bringing up for review 2nd Dept. App. Div. order of 2/21/12; dismissal and modification; sua sponte examination whether the order appealed and cross-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; CONSTITUTIONAL LAW - TAKING OF PROPERTY - DUE PROCESS - ADMINISTRATIVE DELAY - PARTIAL REGULATORY TAKING THROUGH MUNICIPAL REZONING - SUMMARY JUDGMENT - ECONOMIC IMPACT - APPLICATION BY COURT OR JURY OF BALANCING OF FACTORS TEST STATED IN PENN CENTRAL TRANSP. CO. v NEW YORK CITY (438 US 104 [1978]); App. Div. (1) dismissed defendants' appeals from (a) so much of a 2/11/10 Supreme Court, Suffolk County order as, upon a jury verdict finding, among other things, that the plaintiff sustained damages in the principal sum of $1,202,000 ($842,000 for the property known as Diamond Plaza and $360,000 for the property known as Liberty Plaza), denied their motion pursuant to CPLR 4404(a) to set aside the verdict and for judgment as a matter of law, or, in the alternative, to set aside the verdict as contrary to the weight of the evidence and for a new trial, and (b) a judgment of the same court dated 5/7/10; and (2) modified an amended judgment of the same court dated 9/20/10, which, upon the jury verdict and the order, among other things, was in favor of the plaintiff and against defendants in the principal sum of $1,202,000, (a) by reducing the award from the principal sum of $1,202,000 to the principal sum of $842,000, and (b) by deleting the provision thereof awarding the plaintiff interest on the principal sum of $1,202,000; (3) affirmed the amended judgment as so modified; (4) granted that branch of defendants' motion pursuant to CPLR 4404(a) which was to set aside the jury verdict with respect to the property known as Liberty Plaza as contrary to the weight of the evidence and for a new trial with respect to that property and modified the 2/11/10 order accordingly; (5) severed so much of the ninth and twelfth causes of action of the amended complaint as alleged a partial regulatory taking of the Liberty Plaza property without just compensation pursuant to 42 USC § 1983; and (6) remitted the matter to Supreme Court, Suffolk County, for a new trial on those portions of the ninth and twelfth causes of action, and for a recalculation of interest on the damages award pertaining to the property known as Diamond Plaza in accordance with the court's decision, and thereafter for an entry of appropriate amended judgments; thereafter, Supreme Court, Suffolk County, among other things, awarded plaintiff $842,000, plus $4,501,223 interest with respect to the "Diamond Plaza" property.

PADILLA (KENNETH), PEOPLE v (89 AD3d 505):
1st Dept. App. Div. order of 11/10/11; affirmance; leave to appeal granted by Jones, J., 6/21/12; CRIMES - UNLAWFUL SEARCH AND SEIZURE - INVENTORY SEARCH - WHETHER THE POLICE CONDUCTED A PROPER INVENTORY SEARCH AND PREPARED A MEANINGFUL INVENTORY LIST; SUFFICIENCY OF THE EVIDENCE SUPPORTING CONVICTION OF CRIMINAL POSSESSION OF A WEAPON IN THE SECOND DEGREE; ALLEGED PROSECUTORIAL MISCONDUCT; Supreme Court, New York County convicted defendant of criminal possession of a weapon in the second degree and sentenced him, as a second violent felony offender, to a term of 7 years; App. Div. affirmed.

PRINCIPE, MATTER OF v NEW YORK CITY DEPARTMENT OF EDUCATION (94 AD3d 431):
1st Dept. App. Div. order of 4/5/12; affirmance with dissents; leave to appeal granted by App. Div., 6/19/12; motion to dismiss appeal pending; SCHOOLS - TEACHERS - TERMINATION OF EMPLOYMENT - CPLR ARTICLE 75 PROCEEDING - WHETHER PENALTY OF TERMINATION WAS EXCESSIVE FOR MIDDLE SCHOOL DEAN OF DISCIPLINE INVOLVED IN PHYSICAL INCIDENTS WITH TWO STUDENTS; Supreme Court, New York County, among other things, denied respondent's cross motion to deny the petition and dismiss the CPLR article 75 proceeding, granted the petition to the extent of vacating as excessive the penalty of termination of petitioner's employment as a New York City school teacher, and remanded the matter to the Hearing Officer for a lesser penalty; App. Div. affirmed.