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For June 30, 2017 through July 6, 2017, the following preliminary appeal statements were filed:

JEROME A., PEOPLE ex rel. v PONTE (151 AD3d 613):
1st Dept. App. Div. order of 6/22/17; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Habeas Corpus--Whether the state failed to meet its probable cause burden in Mental Hygiene Law article 10 civil commitment proceeding, thereby rendering petitioner's pretrial detention unconstitutional; Sex Offender Management and Treatment Act; Supreme Court, New York County, denied petitioner's request for the court to sign an order to show cause for a writ of habeas corpus; App. Div. affirmed.

McMILLIAN, MATTER OF v LEMPKE (149 AD3d 1492):
4th Dept. App. Div. order of 4/28/17; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right and whether any other jurisdictional basis exists to support an appeal as of right; Prisons and Prisoners--Discipline of Inmates--Whether substantial evidence supports respondents' determination that petitioner violated certain inmate rules following a tier III disciplinary hearing; claimed due process violations including untimely conclusion of the disciplinary hearing, deprivation of petitioner's rights to call certain witnesses and present certain documentary evidence, and hearing officer bias; Supreme Court, Erie County, denied the CPLR article 78 petition and confirmed respondents' determination that petitioner violated certain inmate rules; App. Div. affirmed.

2138747 ONTARIO, INC. v SAMSUNG C&T CORPORATION (144 AD3d 122):
1st Dept. App. Div. order of 10/11/16; affirmance; leave to appeal granted by Court of Appeals, 6/22/17; Conflict of Laws--Law Governing Contract Action--In breach of contract action brought by nonresident alleging economic claim that accrued outside New York, whether a contract provision specifying that the agreement is to be "governed by, construed and enforced" in accordance with New York law renders inapplicable New York's borrowing statute, CPLR 202; Supreme Court, New York County, granted defendants' motion to dismiss as time-barred the claims assigned by Skypower Corp. to plaintiff (10/8/15 order); Supreme Court thereafter granted defendants' motion to dismiss the second amended complaint with prejudice (8/29/16 order); App. Div. affirmed the 10/8/15 order; and the parties stipulated to withdraw an appeal from the 8/29/16 order.

For , July 7, 2017 through July 13, 2017, the following preliminary appeal statements were filed:

DIAZ (FREDERICK), PEOPLE v (150 AD3d 60):
1st Dept. App. Div. order of 4/13/17; reversal; leave to appeal granted by Court of Appeals, 6/27/17; Crimes--Sex Offenders--Sex Offender Registration Act(SORA) (Correction Law article 6-C)--Defendant convicted in Virginia of first-degree murder of a victim under the age of 15 (crime not involving any sexual motivation or conduct)--whether Appellate Division correctly concluded, under the specific facts of this case, that requiring defendant to register as a sex offender under Correction Law § 168-a (2)(ii) violated his substantive due process rights and was not rationally related to SORA's legislative purpose; Supreme Court, Bronx County, adjudicated defendant a level three sex offender pursuant to SORA; App. Div. reversed and annulled defendant's adjudication as a sex offender.

HUTCHINS v HUTCHINS (150 AD3d 426):
1st Dept. App. Div. order of 5/4/17; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Contracts--Construction--Contract concerning parents' lifetime residence on property of one son, with certain conditions upon death of parents, including payment of $10,000 to their other son--whether contract remained enforceable and whether conditions precedent to son's receipt of $10,000 were satisfied before the contract was cancelled; summary judgment; claimed due process and equal protection violations; Supreme Court, Bronx County, denied plaintiff's motion for summary judgment, and granted defendant Peter Hutchins's cross motion for summary judgment dismissing the complaint; App. Div. affirmed.

KOWAL, MATTER OF v DiNAPOLI (145 AD3d 1152):
3rd Dept. App. Div. judgment of 12/1/16; confirmation of determination; leave to appeal granted by Court of Appeals, 6/29/17; Rule 500.11 review pending; Civil Service-- Retirement and Pension Benefits--Accidental Disability Retirement--whether substantial evidence supports the Comptroller's determination that petitioner's injury did not result from an "accident" within the meaning of Retirement and Social Security Law § 605-a and, therefore, petitioner was not entitled to accidental disability retirement benefits; App. Div. confirmed the determination of respondent State Comptroller denying petitioner's application for accidental disability retirement benefits, and dismissed the proceeding.

LAU v MARGARET E. PESCATORE PARKING, INC. (145 AD3d 567):
1st Dept. App. Div. order of 12/15/16; affirmance; leave to appeal granted by Court of Appeals, 6/29/17; Rule 500.11 review pending; Negligence--Maintenance of Premises--whether a triable issue of fact exists regarding defendants' ownership of parking barrels to which a cord was tied and over which plaintiff tripped, and as to defendants' notice of the cord, thereby precluding summary judgment; Supreme Court, New York County, granted defendants' motions for summary judgment dismissing the complaint; App. Div. affirmed.

McCRAY, MATTER OF v GRAHAM (2017 NY Slip Op 74184[U]):
4th Dept. App. Div. order of 5/16/17; denial of motion; sua sponte examination of whether the order appealed from finally determines the proceeding within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; Prisons and Prisoners--Discipline of Inmates--whether substantial evidence supports the determination finding prisoner guilty of certain disciplinary rules; claimed due process violations; App. Div. (1) denied those parts of petitioner's motion seeking an order treating a motion filed in Supreme Court as a brief in a CPLR article 78 proceeding transferred to the App. Div., and seeking an order settling the record, and (2) dismissed as unnecessary that part of the motion seeking poor person relief.

SANCHEZ (ALADDIN), PEOPLE v, a/k/a SHAGS (148 AD3d 831):
2nd Dept. App. Div. order of 3/8/17; modification; leave to appeal granted by LaSalle, J., 6/8/17; Rule 500.11 review pending; Crimes--Instructions--whether County Court properly denied defendant's request for a justification charge; County Court, Dutchess County, convicted defendant of manslaughter in the first degree, assault in the first degree, assault in the second degree, and criminal possession of a weapon in the second degree, and imposed sentence; App. Div. modified, by vacating the convictions of manslaughter in the first degree, assault in the first degree and assault in the second degree, and the sentences imposed thereon, and dismissing the count in the indictment charging murder in the second degree, without prejudice to the People to re-present any appropriate charges to another grand jury; and as so modified, affirmed and ordered a new trial on the counts of the indictment charging the defendant with assault in the first and second degree.

For , July 14, 2017 through July 20, 2017, the following preliminary appeal statements were filed:

BAILEY (PRINCESAM), PEOPLE v (148 AD3d 547):
1st Dept. App. Div. order of 3/21/17; affirmance; leave to appeal granted by Fahey, J., 6/29/17; Crimes--Jurors--Repeated use of racial epithet by defendant's counsel as strategy in cross examination of victim affected juror--request for mistrial by defendant's counsel based on allegedly "grossly unqualified" juror--whether trial court erred in failing to conduct an individual inquiry of the juror involved; evidence--whether trial court erred in permitting extensive gang-related testimony; Supreme Court, New York County, convicted defendant, after a jury trial, of assault in the second degree, and sentenced him, as a second violent felony offender, to a term of seven years; App. Div. affirmed.

KEVIN McK., MATTER OF v ELIZABETH A.E. (151 AD3d 600):
1st Dept. App. Div. order of 6/20/17; affirmance; sua sponte examination of whether the order appealed from finally determines the proceeding within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; Parent, Child and Family--Custody--Whether father was entitled to counsel to represent him in custody proceeding; claimed due process violations; Uniform Child Custody Jurisdiction and Enforcement Act; Family Court, New York County, dismissed without prejudice father's petitions seeking to modify a custody order and to enforce a visitation order; App. Div. affirmed.

R. F. SCHIFFMANN ASSOCIATES, INC. v BAKER & DANIELS LLP (147 AD3d 482):
1st Dept. App. Div. order of 2/10/17; modification; 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; Interest--Prejudgment interest (CPLR 5001); Contract--late payment fees--invoices sent to law firm for consulting expert services--whether the Appellate Division erred in failing to award prejudgment interest and late payment fees to plaintiffs; Supreme Court, New York County, among other things, dismissed plaintiffs' breach of contract claim, declined to award the fees, and dismissed all claims as against defendant Weaver Popcorn Company; thereafter, awarded plaintiffs $82,202.58, representing principal in the sum of $48,200, plus prejudgment interest at the rate of 9% from 2/1/04 to 12/13/12, less costs, as against Baker & Daniels LLP; App. Div. modified the 12/2/15 order to award late fees to the extent indicated in the decision, and modified the 5/26/16 order to award interest at 18% instead of 9%, and, as so modified, affirmed both orders.