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For June 5, 2015 through June 11, 2015, the following preliminary appeal statements were filed:

MATTER OF JONES v HICKEY (2015 NY Slip Op 74006[U]):
3rd Dept. App. Div. order of 5/15/15; denial of motion; sua sponte examination whether the order appealed from finally determines the proceeding within the meaning of the Constitution; MOTIONS AND ORDERS - APPELLATE DIVISION ORDER DENYING MOTION FOR LEAVE TO APPEAL TO THE COURT OF APPEALS; App. Div. denied appellant's motion for permission to appeal to the Court of Appeals.

KNIGHT v STATE OF NEW YORK (127 AD3d 1435):
3rd Dept. App. Div. order of 4/16/15; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; STATE - CLAIM AGAINST STATE - CLAIM THAT STATE FAILED TO RENDER PROPER MEDICAL CARE TO PRISONER CLAIMANT WHEN IT DECIDED HE NO LONGER REQUIRED THE USE OF A CANE AND CONFISCATED IT - PRISONER FELL AND SUSTAINED PERSONAL INJURIES - WHETHER CLAIMANT PROVIDED COMPETENT EVIDENCE TO SUPPORT CLAIM; NEGLIGENCE - EXPERT TESTIMONY; Court of Claims, after a trial, found in favor of defendant and dismissed the claim; App. Div. affirmed.

KORELIS v CONRIV REALTY CORP. (2015 NY Slip Op 63159[U]):
1st Dept. App. Div. order 2/5/15 and Supreme Court, New York County order of 9/5/14; denial of poor person relief; sua sponte examination whether the orders finally determine the action within the meaning of the Constitution and whether any jurisdictional basis exists to appeal the orders as of right; APPEAL - POOR PERSONS - WHETHER THE APPELLATE DIVISION ERRED IN DENYING PLAINTIFF'S CPLR 5704(a) MOTION FOR POOR PERSON RELIEF; Supreme Court, New York County, denied plaintiff's motion to proceed as a poor person and declined to sign the order to show cause bringing on the motion; App. Div. denied plaintiff's CPLR 5704(a) motion for certain relief denied by Supreme Court in its 9/5/14 order, and for other relief.

PETKE (HAROLD L.), PEOPLE v (125 AD3d 1103):
3rd Dept. App. Div. order of 2/19/15; reversal; leave to appeal granted by Read, J., 5/11/15; CRIMES - JURORS - IMPROPER DENIAL OF CHALLENGE FOR CAUSE - WHETHER HARMLESS ERROR ANALYSIS SHOULD BE APPLIED WHERE THE TRIAL COURT FAILED TO DISCHARGE A JUROR FOR CAUSE, DEFENDANT USED A PEREMPTORY CHALLENGE ON THAT JUROR, THE ONE ADDITIONAL JUROR SELECTED AFTER DEFENDANT EXHAUSTED HIS PEREMPTORY CHALLENGES DID NOT PARTICIPATE IN DELIBERATIONS DUE TO A MEDICAL SITUATION, DEFENDANT HAD BEEN GIVEN ADDITIONAL PEREMPTORY CHALLENGES WHEN SELECTING ALTERNATIVE JURORS, AND DEFENDANT CHOOSE NOT TO EXERCISE A PEREMPTORY CHALLENGE ON THE ALTERNATE JUROR WHO REPLACED THE ILL JUROR; County Court, St. Lawrence County, convicted defendant of seven counts of promoting a sexual performance by a child, six counts of possessing a sexual performance by a child, and four counts of obscenity in the third degree; App. Div. reversed and remitted to County Court for a new trial.

THOMPSON (RITA), PEOPLE v (46 Misc 3d 136(A)):
App. Term, 1st Dept. order of 12/31/14; affirmance; leave to appeal granted by Pigott, J., 5/13/15; Rule 500.11 review pending; CRIMES - PLEA OF GUILTY - SUFFICIENCY OF ALLOCUTION - WAIVER OF CONSTITUTIONAL RIGHTS - WHETHER THE RECORD ESTABLISHED THAT DEFENDANT KNOWINGLY, VOLUNTARILY AND INTELLIGENTLY WAIVED HER BOYKIN RIGHTS WHERE THE TRIAL COURT INQUIRED WHETHER DEFENDANT UNDERSTOOD SHE WAS GIVING UP HER RIGHT TO A TRIAL, BUT FAILED TO MENTION OTHER BOYKIN RIGHTS; Criminal Court of the City of New York, New York County, convicted defendant, upon her guilty plea, of harassment in the second degree, and imposed sentence; App. Div. affirmed.

For June 12, 2015 through June 18, 2015, the following preliminary appeal statements were filed:

BRAHNEY (RYAN P.), PEOPLE v (126 AD3d 1286):
4th Dept. App. Div. orders of 3/20/15; affirmances; leave to appeal granted by Lindley, J., 6/1/15; CRIMES - SENTENCE - CONCURRENT AND CONSECUTIVE TERMS - WHETHER COUNTY COURT ERRED IN DIRECTING THAT THE SENTENCES FOR INTENTIONAL MURDER AND BURGLARY RUN CONSECUTIVELY; MURDER - FAILURE TO PROVE DEFENSE OF EXTREME EMOTIONAL DISTURBANCE - EVIDENCE OF DEFENDANT'S VIOLENT HISTORY - WHETHER THE COURTS BELOW ERRED IN CONCLUDING THAT THE FACTS, INCLUDING EXTREME BRUTALITY OF THE CRIME, WERE INSUFFICIENT TO ESTABLISH THE DEFENSE OF EXTREME EMOTIONAL DISTURBANCE; CONFESSIONS - WAIVER OF RIGHT TO HUNTLEY HEARING REGARDING CERTAIN POLICE TESTIMONY - HARMLESS ERROR; County Court, Cayuga County, convicted defendant, after a bench trial, of two counts of murder in the second degree, burglary in the first degree, and criminal contempt in the first degree; the same court resentenced defendant as a second felony offender and directed that the sentences on the two counts of burglary in the first degree, which run concurrently with each other, shall run consecutively to the sentence imposed on the count of intentional murder in the second degree; App. Div. dismissed the appeal from the judgment insofar as it imposed sentence and otherwise affirmed, and affirmed the resentence.

ENTERGY NUCLEAR OPERATION, INC, MATTER OF v NEW YORK DEPARTMENT OF STATE (125 AD3d 21):
3rd Dept. App. Div. order of 12/11/14; reversal; leave to appeal granted by Court of Appeals, 6/4/15; ENVIRONMENTAL CONSERVATION - ENVIRONMENTAL QUALITY REVIEW - WHETHER PETITIONER'S LICENSE RENEWAL APPLICATION TO THE NUCLEAR REGULATORY COMMISSION TRIGGERS CONSISTENCY REVIEW UNDER THE COASTAL ZONE MANAGEMENT ACT AND NEW YORK'S COASTAL MANAGEMENT PROGRAM (CMP) - WHETHER CERTAIN GENERATING PLANT UNITS WERE GRANDFATHERED PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT; WHETHER QUALIFYING FINAL ENVIRONMENTAL IMPACT STATEMENTS WERE PREPARED FOR THE UNITS; WHETHER SUBSEQUENT CHANGES TO UNITS HAVE TRIGGERED A CONSISTENCY REVIEW UNDER THE CMP; Supreme Court, Albany County, dismissed petitioners' application, in a combined CPLR article 78 proceeding and action for declaratory judgment, to review a determination of respondent Department of State denying petitioners' request for a declaration that their power plants are exempt from New York's Coastal Management Program; App. Div. reversed, granted the petition and declared that Indian Point Nuclear Generating Plant Unit Nos. 2 and 3 are exempt from New York's Coastal Management Program.

EZZARD v ONE EAST RIVER PLACE REALTY CO., LLC (— AD3d —, 2015 NY Slip Op 03791):
1st Dept. App. Div. order of 5/5/15; modification; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution; NEGLIGENCE - MAINTENANCE OF PREMISES - MISLEVELING OF ELEVATORS - RES IPSA LOQUITOR - WHETHER THE APPELLATE DIVISION CORRECTLY DETERMINED THAT GENUINE ISSUES OF MATERIAL FACT EXIST AS TO WHETHER THE BUILDING'S ELEVATOR WAS MISLEVELED OR PLAINTIFF MERELY STUMBLED, PRECLUDING SUMMARY JUDGMENT FOR DEFENDANT ELEVATOR SERVICE MAINTENANCE COMPANY ON PLAINTIFF'S CLAIM BASED ON RES IPSA LOQUITOR; Supreme Court, New York County, (1) denied plaintiff's motion for spoliation sanctions, (2) granted motions by defendants One East River Place Realty Co. and Solow Management Corp. for summary judgment dismissing the complaint and cross claims as to them and (3) denied defendant New York Elevator & Electrical Corp.'s motion for leave to file an untimely motion for summary judgment and for summary judgment dismissing the complaint as to it; App. Div. modified by granting defendant New York Elevator & Electrical Corp.'s motion for consideration of its untimely motion for summary judgment, and upon such consideration, granted the motion to the extent of dismissing the notice-based claims and otherwise denied the motion as to the claim based on res ipsa loquitor, and otherwise affirmed.

FINERTY v ABEX CORPORATION (125 AD3d 564):
1st Dept. App. Div. order of 2/26/15; affirmance; leave to appeal granted by App. Div., 6/9/15; PRODUCTS LIABILITY - EXPOSURE TO TOXIC SUBSTANCES - ASBESTOS - WHETHER THE APPELLATE DIVISION ERRED IN HOLDING THAT FORD MOTOR COMPANY IS SUBJECT TO LIABILITY FOR INJURIES RESULTING FROM ASBESTOS-CONTAINING AUTO PARTS MANUFACTURED AND DISTRIBUTED IN IRELAND BY ITS WHOLLY OWNED SUBSIDIARY, UPON THE GROUND THAT FORD MOTOR COMPANY "ACTED AS THE GLOBAL GUARDIAN OF THE FORD BRAND, HAVING A SUBSTANTIAL ROLE IN THE DESIGN, DEVELOPMENT, AND USE OF THE AUTO PARTS DISTRIBUTED" BY ITS SUBSIDIARY, "WITH THE APPARENT GOAL OF THE COMPLETE STANDARDIZATION OF ALL PRODUCTS WORLDWIDE THAT CARRIED THE SIGNATURE FORD LOGO"; Supreme Court, New York County, denied defendant Ford Motor Company's motion for summary judgment dismissing the complaint and to dismiss for failure to state a cause of action; App. Div. affirmed.

McCULLOUGH (JAMELL R.), PEOPLE v (126 AD3d 1452):
4th Dept. App. Div. order of 3/27/15; reversal; leave to appeal granted by Scudder, P.J., 5/21/15; CRIMES - WITNESSES - EXPERT WITNESS - WHETHER THE APPELLATE DIVISION ERRED IN HOLDING THAT THE TRIAL COURT ABUSED ITS DISCRETION IN PRECLUDING EXPERT TESTIMONY ON THE RELIABILITY OF EYEWITNESS IDENTIFICATIONS - WHETHER THE APPELLATE DIVISION ERRED IN GRANTING A NEW TRIAL RATHER THAN REMITTING FOR A FRYE HEARING; Supreme Court, Monroe County, convicted defendant, upon a jury verdict, of murder in the second degree, robbery in the first degree and attempted robbery in the first degree; App. Div. reversed and granted a new trial.

230 PARK AVENUE HOLDCO, LLC v KURZMAN KARELSEN & FRANK, LLP (124 AD3d 477):
1st Dept. App. Div. order of 1/20/15; affirmance with a two-Justice dissent; leave to appeal granted by App. Div., 5/7/15; LANDLORD AND TENANT - LEASE - RIGHT TO SUBLEASE OR ASSIGN - WHETHER THE COURTS BELOW PROPERLY INTERPRETED A STIPULATION OF SETTLEMENT AS GRANTING THE TENANT THE RIGHT TO LOCATE PROSPECTIVE TENANTS FOR THE PREMISES; WHETHER THE COURTS BELOW CORRECTLY CONCLUDED THAT TRIABLE ISSUES OF FACT EXIST AS TO WHETHER THE LANDLORD BREACHED THE STIPULATION; Supreme Court, New York County, as relevant here, denied that part of plaintiff's motion for summary judgment seeking dismissal of the affirmative defense of breach of a stipulation, and granted that part of the motion seeking dismissal of the affirmative defense of surrender; App. Div. affirmed.

For June 19, 2015 through June 25, 2015, the following preliminary appeal statements were filed:

KENNETH COLE PRODUCTIONS, MATTER OF (122 AD3d 500):
1st Dept. App. Div. order of 11/20/14; affirmance; leave to appeal granted by Court of Appeals, 6/10/15; CORPORATIONS - MERGER - "GOING PRIVATE" MERGER - FAIRNESS TO MINORITY SHAREHOLDERS - WHETHER THE ENTIRE FAIRNESS STANDARD APPLIES TO GOING-PRIVATE MERGERS; BUSINESS JUDGMENT DOCTRINE - PRE-DISCOVERY DISMISSAL - WHETHER THE COURTS BELOW CORRECTLY DISMISSED THE COMPLAINT UNDER THE BUSINESS JUDGMENT RULE; Supreme Court, New York County, granted defendants' motion to dismiss the complaint pursuant to CPLR 3211; App. Div. affirmed.

LEWIS, MATTER OF v NEW YORK CITY HEALTH AND HOSPITALS CORPORATION (126 AD3d 442):
1st Dept. App. Div. order of 3/5/15; confirmation of determination and denial of petition; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; CIVIL RIGHTS - DISCRIMINATION BASED ON DISABILITY - CPLR ARTICLE 78 PROCEEDING TO REVIEW THE DETERMINATION OF RESPONDENT NEW YORK STATE DIVISION OF HUMAN RIGHTS THAT THERE WAS NO PROBABLE CAUSE THAT RESPONDENT NEW YORK HEALTH AND HOSPITALS CORPORATION ENGAGED IN UNLAWFUL DISCRIMINATION PRACTICES AGAINST PETITIONER; App. Div. confirmed the determination, denied the petition and dismissed the CPLR article 78 proceeding.

SMALLING (OMAR A.), PEOPLE v (126 AD3d 820):
2nd Dept. App. Div. order of 3/11/15; affirmance; leave to appeal granted by Fahey, J., 6/9/15; CRIMES - INSTRUCTIONS - SUPPLEMENTAL INSTRUCTION - WHETHER SUPREME COURT ERRED WHEN IT GAVE A SUPPLEMENTAL INSTRUCTION REGARDING CONSTRUCTIVE POSSESSION OF A WEAPON IN RESPONSE TO A NOTE FROM THE JURY; Supreme Court, Queens County, convicted defendant of criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, and tampering with physical evidence, upon a jury verdict, and imposed sentence; App. Div. affirmed.

SUAREZ, MATTER OF v WILLIAMS (128 AD3d 20):
4th Dept. App. Div. order of 3/20/15; reversal; leave to appeal granted by Court of Appeals, 6/9/15; PARENT, CHILD AND FAMILY - CUSTODY - AWARD OF CUSTODY TO GRANDPARENTS - EXTRAORDINARY CIRCUMSTANCES - WHETHER THE APPELLATE DIVISION ERRED IN CONCLUDING THAT PETITIONER GRANDPARENTS FAILED TO DEMONSTRATE EXTRAORDINARY CIRCUMSTANCES SUFFICIENT TO DEPRIVE RESPONDENT MOTHER OF CUSTODY OF HER CHILD; Family Court, Onondaga County, in a proceeding pursuant to Family Court Act article 6, awarded petitioners Laura Suarez and Ricardo Suarez and respondent Ernesto Suarez joint legal custody of the subject child; App. Div. reversed and dismissed the petition.

UTICA MUTUAL INSURANCE COMPANY v STYLE MANAGEMENT ASSOCIATES CORP. (125 AD3d 759):
2nd Dept. App. Div. order of 2/11/15; reversal; leave to appeal granted by App. Div., 6/15/15; SUBROGATION - RIGHT OF SUBROGATION - WHETHER THE STYLE MANAGEMENT DEFENDANTS WERE ENTITLED TO SUMMARY JUDGMENT DISMISSING THE COMPLAINT AS AGAINST THEM UPON THE GROUND THAT THEY WERE NOT THE GENERAL CONTRACTOR ON THE UNDERLYING RENOVATION PROJECT EVEN THOUGH ONE OF THOSE DEFENDANTS WAS LISTED AS THE CONTRACTOR ON THE WORK PERMIT; Supreme Court, Nassau County, in a subrogation action to recover benefits paid by plaintiff insurer under a policy of insurance, denied the motion by defendants Style Management Associates Corp., Style Management Corp., and Yosi Sason, also known as Yosef Sason, for summary judgment dismissing the complaint insofar as asserted against them; App. Div. reversed and granted the motion.

VILLAR v HOWARD (126 AD3d 1297):
4th Dept. App. Div. order of 3/20/15; modification; leave to appeal granted by App. Div., 6/12/15; MUNICIPAL CORPORATIONS - NOTICE OF CLAIM - NOTICE NOT REQUIRED FOR CLAIM AGAINST SHERIFF ARISING OUT OF SEXUAL ASSAULT OF INMATE - NO DUTY BY COUNTY TO INDEMNIFY SHERIFF - WHETHER THE APPELLATE DIVISION ERRED IN HOLDING THAT PLAINTIFF WAS NOT REQUIRED TO SERVE A NOTICE OF CLAIM UNDER GENERAL MUNICIPAL LAW § 50-e; NEGLIGENCE - DUTY - DUTY TO PROTECT INMATE FROM SEXUAL ASSAULT BY FELLOW JAIL INMATE - POTENTIAL LIABILITY FOR DEPUTIES' NEGLIGENT TRAINING AND SUPERVISION - WHETHER THE APPELLATE DIVISION ERRED IN CONCLUDING THAT DEFENDANT OWED A DUTY OF CARE TO PLAINTIFF; SHERIFFS AND CONSTABLES - LIABILITY FOR NEGLIGENCE - SEXUAL ASSAULT OF JAIL INMATE - NO IMMUNITY OWING TO ALLEGEDLY DISCRETIONARY ACTS OF SHERIFF - WHETHER THE APPELLATE DIVISION ERRED IN HOLDING THAT THE ISSUE WHETHER DEFENDANT'S ALLEGED ACTS OF NEGLIGENCE WERE DISCRETIONARY AND THUS IMMUNE FROM LIABILITY CONSTITUTED A FACTUAL QUESTION THAT CANNOT BE DETERMINED AT THE PLEADING STAGE; Supreme Court, Erie County, granted defendant's CPLR 3211 motion to dismiss the complaint; App. Div. modified by denying defendant's motion in part and reinstating the complaint except to the extent that it alleges that defendant is vicariously liable for the negligence of his deputy sheriffs and, as modified, affirmed.

WESTCHESTER JOINT WATER WORKS, MATTER OF v ASSESSOR OF CITY OF RYE (120 AD3d 1352):
2nd Dept. App. Div. order of 9/17/14; modification; leave to appeal granted by Court of Appeals, 6/11/15; TAXATION - ASSESSMENT - REAL PROPERTY TAX LAW ARTICLE 7 PROCEEDINGS TO REVIEW ASSESSMENTS ON TWO PARCELS OF REAL PROPERTY, ONE LOCATED WHOLLY WITHIN THE RYE NECK DISTRICT AND ONE WHOLLY LOCATED IN THE RYE CITY SCHOOL DISTRICT - NOTICE OF THE PROCEEDINGS INITIALLY GIVEN ONLY TO THE SUPERINTENDENT OF THE CITY SCHOOL DISTRICT - WHETHER THE COURTS BELOW ERRED IN DETERMINING THAT THE DISMISSAL OF THE PROCEEDINGS PURSUANT TO RPTL 708(3) PRECLUDED CPLR 205(a) RELIEF TO RECOMMENCE THE PROCEEDINGS; Supreme Court, Westchester County, among other things, granted that branch of the intervenor school district's motion which was to dismiss the proceedings on the ground that the notices of petition and petitions were not served upon the school district superintendent in accordance with RPTL 708(3), and denied that branch of petitioner's cross motion which was for leave to recommence the proceedings pursuant to CPLR 205(a); App. Div. modified by (1) deleting the provision granting that branch of the intervenor school district's motion which was to dismiss the proceedings, and substituting therefor a provision granting that branch of the motion only to the extent that the proceedings related to the parcel designated on the City of Rye Assessment Roll as section 200, block 1, lot 9, and otherwise denying that branch of the motion, and (2) deleting the provision thereof denying that branch of the City Assessor's cross motion which was to dismiss the proceedings, and substituting therefor a provision granting that branch of the cross motion only to the extent that the proceedings related to the above-described parcel, and otherwise denying that branch of the cross motion, and as so modified, affirmed.

WILLIAMS (LEONARD), PEOPLE v (123 AD3d 1152):
2nd Dept. App. Div. order of 12/31/14; affirmance; leave to appeal granted by Pigott, J., 6/19/15; CRIMES - ARGUMENT AND CONDUCT OF COUNSEL - WHETHER POWER POINT PRESENTATION USED BY PROSECUTOR IN SUMMATION DEPRIVED DEFENDANT OF A FAIR TRIAL - MISCHARACTERIZATION OF TRIAL EVIDENCE - CURATIVE INSTRUCTIONS; RIGHT TO COUNSEL - ALLEGED INEFFECTIVE ASSISTANCE OF COUNSEL FOR FAILING TO OBJECT TO VARIOUS COMMENTS DURING PROSECUTOR'S SUMMATION; Supreme Court, Kings County, convicted defendant of burglary in the first degree, criminal possession of a weapon in the second degree, and assault in the second degree, upon a jury verdict, and imposed sentence; App. Div. affirmed.