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For June 3, 2016 through June 9, 2016, the following preliminary appeal statements were filed:

NEW YORK STATE UNITED TEACHERS v STATE OF NEW YORK (— AD3d —, 2016 NY Slip Op 03572):
3rd Dept. App. Div. order of 5/5/16; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; SCHOOLS - CONSTITUTIONALITY OF TAX CAP IMPOSED BY EDUCATION LAW § 2023-a AND REAL PROPERTY TAX FREEZE CREDIT LEGISLATION - WHETHER THE COURTS BELOW PROPERLY HELD THAT THE COMPLAINT FAILED TO STATE CAUSES OF ACTION FOR VIOLATIONS OF THE EDUCATION ARTICLE OF THE STATE CONSTITUTION, THE EQUAL PROTECTION AND DUE PROCESS CLAUSES OF THE STATE AND FEDERAL CONSTITUTIONS, AND PLAINTIFFS' FUNDAMENTAL RIGHT TO VOTE AND TO FREE SPEECH; Supreme Court, Albany County, among other things, granted defendants' motion to dismiss the amended complaint; Supreme Court thereafter, among other things, granted defendants' motion to dismiss the second amended complaint; App. Div. affirmed.

NOVAK (BRIAN), PEOPLE v:
Schenectady County Court order of 1/23/15; affirmance; leave to appeal granted by Rivera, J., 5/16/16; JUDGES - RECUSAL - WHETHER A JUDGE WHO DECIDED DEFENDANT'S PRETRIAL MOTIONS AND PRESIDED OVER HIS BENCH TRIAL MAY DECIDE HIS APPEAL; CRIMES - INFORMATION - WHETHER A PROSECUTOR'S INFORMATION MAY SUPERCEDE A SIMPLIFIED TRAFFIC INFORMATION; WHETHER TRIAL COURT ABUSED ITS DISCRETION BY FAILING TO IMPOSE A SANCTION FOR THE PEOPLE'S ROSARIO VIOLATION; EVIDENCE - WHETHER TRIAL COURT IMPROPERLY ADMITTED EVIDENCE REGARDING HORIZONTAL GAZE NYSTAGMUS (HGN) WITHOUT FIRST ESTABLISHING ITS SCIENTIFIC VALIDITY; WHETHER EVIDENCE PRESENTED AT TRIAL WAS SUFFICIENT TO PROVE THAT DEFENDANT WAS IMPAIRED BY THE USE OF ALCOHOL; Schenectady City Court convicted defendant, after a nonjury trial, of driving while ability impaired, speeding, and operating an unregistered motor vehicle, and sentenced him to 15 days to jail, fines and surcharges totaling $1,000, license suspension and revocation, and participation in a victim impact panel; County Court affirmed.

For June 10, 2016 through June 16, 2016, the following preliminary appeal statements were filed:

ANDINO v MILLS (135 AD3d 407):
1st Dept. App. Div. order of 1/5/16; modification; leave to appeal granted by App. Div., 5/31/16; sua sponte examination whether the Appellate Division had the power to grant leave to appeal from an order granting a new trial; DAMAGES - COLLATERAL SOURCE OF PAYMENT - CPLR 4545 - WHETHER THE APPELLATE DIVISION CORRECTLY HELD THAT, UNDER ODEN V CHEMUNG COUNTY INDUS. DEV. AGENCY (87 NY2d 81 [1995]), THE JURY'S AWARD FOR FUTURE LOSS OF PENSION BENEFITS SHOULD HAVE BEEN OFFSET BY THE TOTAL AMOUNT THAT PLAINTIFF WAS PROJECTED TO RECEIVE UNDER HER ACCIDENTAL DISABILITY PENSION; Supreme Court, Bronx County, after a hearing, denied defendants' motion for a collateral source offset pursuant to CPLR 4545; thereafter, Supreme Court, upon a jury verdict, awarded plaintiff the principal sums of $600,000 for past pain and suffering, $23,000,000 for future pain and suffering over 37 years, $283,422 for past lost earnings, $2,392,512 for future lost earnings over 19.24 years, $2,100,000 for future medical expenses over 37 years, and $2,490,829 for future loss of pension over 17.7 years; App. Div. modified to grant that portion of defendants' motion seeking to offset the jury's award of future pension benefits by the amount of plaintiff's accidental disability benefits, and to vacate the award for future pain and suffering and order a new trial as to such damages, unless plaintiff, within 30 days of service of a copy of the order with notice of entry, stipulated to accept a reduced award for future pain and suffering in the amount of $2.7 million and to entry of an amended judgment in accordance therewith, and otherwise affirmed.

BRYANT (JEFFREY), PEOPLE v (137 AD3d 401):
1st Dept. App. Div. order of 3/1/16; modification; leave to appeal granted by Tom, J., 5/24/16; Rule 500.11 review pending; CRIMES - APPEAL - WAIVER - WHETHER THE APPELLATE DIVISION CORRECTLY HELD THAT DEFENDANT'S WAIVER OF HIS RIGHT TO APPEAL WAS INVALID BECAUSE THE RECORD DID NOT SHOW THAT IT WAS MADE KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY; Supreme Court, New York County, convicted defendant, upon his guilty plea, of four counts of grand larceny in the fourth degree, and sentenced him to four consecutive terms of one to three years; App. Div. modified to the extent of directing that the sentence for the conviction under count three of the indictment be served concurrently with the other sentences, and otherwise affirmed.

APONTE, MATTER OF v OLATOYE (138 AD3d 440):
1st Dept. App. Div. order of 4/7/16; reversal with dissents; sua sponte examination whether the order finally determines the proceeding within the meaning of the Constitution; PUBLIC HOUSING - DENIAL OF REMAINING FAMILY MEMBER STATUS - WHETHER DETERMINATION DENYING PETITIONER SUCCESSION RIGHTS TO HIS MOTHER'S APARTMENT WAS ARBITRARY AND CAPRICIOUS WHERE AGENCY DID NOT CONSIDER MOTHER'S DISABILITY IN REACHING ITS DETERMINATION; Supreme Court, New York County, denied the CPLR article 78 petition seeking to annul a determination of respondent New York City Housing Authority (NYCHA), which dismissed petitioner's remaining family member (RFM) grievance on the ground that he did not qualify as an RFM, and dismissed the CPLR article 78 proceeding.

DEGRAFFENREID (BRIAN), PEOPLE v (138 AD3d 456):
1st Dept. App. Div. order of 4/7/16; affirmance; leave to appeal granted by Tom, J., 5/31/16; Rule 500.11 review; CRIMES - RIGHT TO COUNSEL - EFFECTIVE REPRESENTATION - WHETHER THE APPELLATE DIVISION ERRED IN HOLDING THAT DEFENSE COUNSEL'S FAILURE TO REVIEW IN SLOW MOTION A VIDEO RECORDING THAT WAS MADE 11 MINUTES BEFORE THE ATTACK WAS NOT SO EGREGIOUS AND PREJUDICIAL AS TO COMPROMISE DEFENDANT'S RIGHT TO A FAIR TRIAL; JURY INSTRUCTIONS - WHETHER COURT'S CHARGE ON CAUSATION OF DEATH WAS PROPER; Supreme Court, Bronx County, convicted defendant, after a jury trial, of manslaughter in the first degree, and sentenced him to a term of 18 years; App. Div. affirmed.

GOOTEE v GLOBAL CREDIT SERVICES, LLC (139 AD3d 551):
1st Dept. App. Div. order of 5/19/16; modification with dissents; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution; CONTRACTS - EMPLOYMENT CONTRACTS - TERMINATION OF COMPANY PRESIDENT - EFFECT OF NO ORAL MODIFICATION CLAUSE IN WRITTEN EMPLOYMENT AGREEMENT; SUMMARY JUDGMENT; COUNTERCLAIM FOR REPAYMENT OF CERTAIN FORGIVABLE LOANS; Supreme Court, New York County, granted plaintiff's motion for summary judgment with respect to liability for breach of contract and dismissing defendant's counterclaim, referred the issue of damages to a special referee or judicial hearing officer to hear and report, and denied defendant's motion for summary judgment on its counterclaim; App. Div. modified to deny plaintiff's motion for summary judgment, and otherwise affirmed.

MYERS v SCHNEIDERMAN (140 AD3d 51):
1st Dept. App. Div. order of 5/3/16; modification; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; CONSTITUTIONAL LAW - VALIDITY OF STATUTE - WHETHER PENAL LAW §§ 120.30 AND 125.15, WHICH PROHIBIT PHYSICIAN-ASSISTED SUICIDE, VIOLATE THE EQUAL PROTECTION AND DUE PROCESS CLAUSES OF THE STATE CONSTITUTION AND WHETHER SUCH STATUTES PROHIBIT A LICENSED PHYSICIAN FROM ENGAGING IN THE PRACTICE KNOWN AS "AID IN DYING" TO TERMINALLY ILL, MENTALLY COMPETENT ADULT PATIENTS; Supreme Court, New York County, granted defendant Attorney General's pre-answer motion to dismiss the complaint; App. Div. modified to declare that (a) Penal Law §§ 120.30 and 125.15 provide a valid statutory basis to prosecute licensed physicians who provide aid-in-dying, and (b) that to the extent that Penal Law §§ 120.20 and 125.15 prohibit a licensed physician from providing aid-in-dying, the application of that statute to such conduct does not violate the New York State Constitution, and as so modified, affirmed.

CITY OF SCHENECTADY, MATTER OF v NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD (PERB) (136 AD3d 1086):
3rd Dept. App. Div. order of 2/4/16; affirmance; leave to appeal granted by Court of Appeals, 6/7/16; CIVIL SERVICE - PUBLIC EMPLOYEES' FAIR EMPLOYMENT ACT - COLLECTIVE BARGAINING - DISCIPLINE OF POLICE - WHETHER THE TAYLOR LAW, AS CODIFIED IN CIVIL SERVICE LAW ARTICLE 14, SUPERCEDED ARTICLE 9 OF THE SECOND CLASS CITIES LAW, MAKING THE MUNICIPALITY'S POLICE DISCIPLINARY PROCEDURES A MANDATORY SUBJECT OF COLLECTIVE BARGAINING - MATTER OF PATROLMEN'S BENEVOLENT ASSN. OF CITY OF N.Y., INC. v NEW YORK STATE PUB. EMPL. RELATIONS BD. (6 NY3d 563 [2006]) AND MATTER OF TOWN OF WALLKILL v CIVIL SERV. EMPLS. ASSN., INC. (LOCAL 1000, AFSCME, AFL-CIO, TOWN OF WALLKILL POLICE DEPT. UNIT, ORANGE COUNTY LOCAL 836) (19 NY3d 1066 [2012]); Supreme Court, Albany County, among other things, dismissed petitioner's CPLR article 78 application to review a determination of respondent PERB finding that petitioner's police disciplinary procedures were a mandatory subject of collective bargaining; App. Div. affirmed.

STEWART (ALFRED), PEOPLE v (134 AD3d 645):
1st Dept. App. Div. order of 12/29/15; affirmance; leave to appeal granted by DiFiore, Ch.J., 6/3/16; Rule 500.11 review pending; CRIMES - RIGHT TO BE PRESENT AT TRIAL - WHETHER DEFENDANT HAD THE RIGHT TO BE PRESENT AT RESENTENCING WHERE HE WAS RESENTENCED TO CORRECT AN ORIGINALLY ILLEGAL SENTENCE - COUNSEL WAIVED DEFENDANT'S APPEARANCE IN HIS ABSENCE; INVALID WAIVER; Supreme Court, Bronx County, convicted defendant, upon his pleas of guilty, of two counts of auto stripping in the second degree, and sentenced him to concurrent terms of 1 1/3 to 4 years; App. Div. affirmed.

For June 17, 2016 through June 23, 2016, the following preliminary appeal statements were filed:

PEOPLE ex rel. JEROME A. v PONTE:
Supreme Court, New York County judgment of 5/24/16; denial of request; sua sponte examination whether the order appealed from finally determines the proceeding within the meaning of the Constitution, whether the ex parte denial of a request to sign an order to show cause is an appealable paper and whether a direct appeal lies pursuant to CPLR 5601(b)(2); HABEAS CORPUS - CHALLENGE TO JUDGMENT DENYING REQUEST FOR AN ORDER TO SHOW CAUSE FOR A WRIT OF HABEAS CORPUS WHERE THE BASIS FOR THE WRIT WAS THAT THE APPELLATE DIVISION ORDER REVERSING SUPREME COURT'S FINDING OF NO PROBABLE CAUSE RENDERED PETITIONER'S PRE-TRIAL DETENTION UNCONSTITUTIONAL AS APPLIED TO HIM IN THIS SEX OFFENDER MANAGEMENT AND TREATMENT ACT PROCEEDING UNDER ARTICLE 10 OF THE MENTAL HYGIENE LAW; Supreme Court, New York County, after an evidentiary hearing, dismissed the State's petition for the civil management of respondent pursuant to article 10 of the Mental Hygiene Law; App. Div. reversed, reinstated the petition and remanded the matter for an article 10 trial; Supreme Court thereafter, denied petitioner's request for the court to sign an order to show cause for a writ of habeas corpus.

FRANCIS (EUGENE), PEOPLE v (132 AD3d 893):
2nd Dept. App. Div. order of 10/21/15; affirmance; leave to appeal granted by Balkin, J., 2/9/16; Rule 500.11 review pending; CRIMES - INDICTMENT - DENIAL OF MOTION TO VACATE GUILTY PLEA - WHETHER SUPREME COURT EXCEEDED ITS POWER IN AMENDING ITS INITIAL DECISION TO DISMISS THE INDICTMENT IN ITS ENTIRETY AND DENYING SO MUCH OF DEFENDANT'S CPL 30.30 MOTION AS SOUGHT DISMISSAL OF COUNTS SEVEN, EIGHT AND NINE OF THE INDICTMENT ON SPEEDY TRIAL GROUNDS; Supreme Court, Westchester County, convicted defendant, upon his guilty plea, of attempted burglary in the first degree and imposed sentence; App. Div. affirmed.