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For June 6, 2014 through June 12, 2014, the following preliminary appeal statements were filed:

ALEXANDER v ALEXANDER (116 AD3d 472):
1st Dept. App. Div. order 4/8/14; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; HUSBAND AND WIFE AND OTHER DOMESTIC RELATIONSHIPS - SUPPORT - MAINTENANCE - EQUITABLE DISTRIBUTION - ATTORNEYS' FEES - MEDICAL EXPENSES AND INSURANCE; Supreme Court, New York County, among other things, awarded defendant wife a 35% interest in plaintiff husband's corporate stock shares, valued as of the commencement of the divorce action, failed to award defendant additional counsel and expert fees, or health insurance, or to direct plaintiff to purchase life insurance to cover his obligations under the judgment, and awarded maintenance in the amount of $7,500 per month until the earliest of either party's death, defendant's remarriage, or December 31, 2024; App. Div. affirmed.

AURORA LOAN SERVICES, LLC v TAYLOR (114 AD3d 627):
2nd Dept. App. Div. order of 2/5/14; reversal; leave to appeal granted by App. Div., 4/29/14; MORTGAGES - FORECLOSURE - STANDING TO COMMENCE ACTION - WHETHER PLAINTIFF DEMONSTRATED PHYSICAL POSSESSION OF THE MORTGAGE NOTE AT THE TIME OF COMMENCEMENT OF THE ACTION - ASSIGNMENT OF MORTGAGE BY MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS); SUMMARY JUDGMENT; Supreme Court, Westchester County, among other things, upon a 4/13/12 order of the same court granting summary judgment to plaintiff in a mortgage foreclosure action, confirmed a referee's report and directed the sale of the subject property; App. Div. reversed the judgment, rejected the referee's report, and remitted the matter to Supreme Court for further proceedings in accordance with the App. Div. order.

JAVIER C., MATTER OF (116 AD3d 1039):
2nd Dept. App. Div. order of 4/30/14; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; INFANTS - JUVENILE DELINQUENTS - RELIABILITY OF EYEWITNESS IDENTIFICATION - CHALLENGE TO SHOW-UP IDENTIFICATION - SUFFICIENCY OF THE EVIDENCE OF ACCESSORIAL LIABILITY; Family Court, Kings County, order of disposition that, upon a fact-finding order of the same court dated 4/17/13, made after a hearing, finding that Javier C. committed acts which, if committed by an adult, would have constituted the crimes of robbery in the second degree, grand larceny in the fourth degree, and criminal possession of stolen property in the fifth degree, adjudged him to be a juvenile delinquent and placed him on probation for a period of 12 months; App. Div. affirmed.

DIMERY v ULSTER SAVINGS BANK (116 AD3d 731):
2nd Dept. App. Div. order of 4/9/14; affirmance; sua sponte examination 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; MOTIONS AND ORDERS - CHALLENGE TO APPELLATE DIVISION ORDER THAT AFFIRMED A SUPREME COURT ORDER DENYING PLAINTIFF'S MOTION FOR LEAVE TO RENEW HER PRIOR MOTION TO VACATE A JUDGMENT ENTERED IN 2000; Supreme Court, Putnam County, denied plaintiff's motion pursuant to CPLR 2221 for leave to renew her prior motion pursuant to CPLR 5015 to vacate a judgment of the same court entered 10/26/00, which had been denied in an order of the same court dated 2/18/09; App. Div. affirmed.

HUTCHINSON v SHERIDAN HILL HOUSE CORP. (110 AD3d 552):
1st Dept. App. Div. order of 10/22/13; affirmance with two-Justice dissent; Rule 500.11 review pending; NEGLIGENCE - SIDEWALKS - TRIP AND FALL ON METAL SCREW OR OTHER OBJECT PROTRUDING FROM THE SIDEWALK - SUMMARY JUDGMENT GRANTED TO DEFENDANT BASED UPON TRIVIAL NATURE OF DEFECT, LACK OF NOTICE, AND SPECULATIVE AND CONCLUSORY NATURE OF PLAINTIFF'S EXPERT REPORT; Supreme Court, Bronx County, granted defendant's motion for summary judgment dismissing the complaint; App. Div. affirmed.

UNIVERSAL AMERICAN CORP. v NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. (110 AD3d 434):
1st Dept. App. Div. order of 10/1/13; modification; leave to appeal granted by Court of Appeals, 6/5/14; INSURANCE - CONSTRUCTION OF POLICY - COMPUTER FRAUD POLICY - WHETHER THE COURTS BELOW PROPERLY DETERMINED THAT THE POLICY AT ISSUE IS NOT AMBIGUOUS AND THAT THE INSURED'S LOSSES WERE NOT COVERED BY THE POLICY - CONSTRUCTION OF THE TERM "FRAUDULENT ... ENTRY OF ELECTRONIC DATA"; Supreme Court, New York County, denied plaintiff insured's motion for summary judgment and granted defendant insurer's cross motion for summary judgment; App. Div. modified to declare that the policy does not provide coverage for the claimed loss, and otherwise affirmed.

WISSELMAN, HAROUNIAN AND ASSOCIATES, P.C. v DOWLAH (117 AD3d 822):
2nd Dept. App. Div. order of 5/14/14; affirmance; sua sponte examination 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; PROCESS - SERVICE OF PROCESS - DENIAL OF MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION BASED UPON DEFENDANT'S FAILURE TO REBUT PRESUMPTION OF PROPER SERVICE CREATED BY THE PROCESS SERVER'S AFFIDAVIT; Supreme Court, Nassau County, in effect, upon reargument, adhered to a prior determination of the same court dated 5/7/13, in effect, denying that branch of defendant's motion which was to dismiss the complaint for lack of personal jurisdiction; App. Div. affirmed.

For June 13, 2014 through June 19, 2014, the following preliminary appeal statements were filed:

BRANCH v COUNTY OF SULLIVAN (112 AD3d 1119):
3rd Dept. App. Div. order of 12/12/13; affirmance; leave to appeal granted by Court of Appeals, 6/12/14; COLLEGES AND UNIVERSITIES - COMMUNITY COLLEGE - WRONGFUL DEATH ACTION BY ADMINISTRATOR OF ESTATE OF A STUDENT WHO HAD A FATAL HEART ATTACK IN A COLLEGE DORMITORY BASED ON, AMONG OTHER THINGS, THE FAILURE TO PROVIDE AN AUTOMATED EXTERNAL DEFIBRILLATOR ON CAMPUS - WHETHER THE COUNTY OWED A DUTY OF CARE TO DECEDENT STUDENT BASED ON ITS STATUS AS A LOCAL SPONSOR OF THE COMMUNITY COLLEGE PURSUANT TO EDUCATION LAW, ARTICLE 63; Supreme Court, Sullivan County, granted defendant's motion for summary judgment dismissing the complaint; App. Div. affirmed.

CAZA (KAREN M.), PEOPLE v (115 AD3d 1118):
3rd Dept. App. Div. order of 3/27/14; affirmance; leave to appeal granted by McCarthy, J., 6/5/14; Rule 500.11 review pending; CRIMES - PLEA BARGAINING - ENFORCEMENT OF AGREEMENT - CONDITIONAL SENTENCING COMMITMENT - FAILURE TO COMPLY WITH PREPARATION OF PRESENTENCE INVESTIGATION REPORT; County Court, Essex County, convicted defendant, upon her guilty plea, of two counts of attempted forgery in the second degree; App. Div. affirmed.

ISRAEL (DANIEL), PEOPLE v (111 AD3d 413):
1st Dept. App. Div. order of 11/7/13; affirmance; leave to appeal granted by Lippman, Ch.J., 6/12/14; CRIMES - EVIDENCE - OTHER UNCHARGED CRIMES - WHETHER THE TRIAL COURT ERRED IN PERMITTING THE PEOPLE TO INTRODUCE REBUTTAL EVIDENCE OF TWO UNCHARGED CRIMES WHERE THE WITNESSES LACKED DIRECT KNOWLEDGE OF PROVOCATION (PEOPLE v SANTARELLI, 49 NY2d 241); WHETHER IN THE CONTEXT OF AN EXTREME EMOTIONAL DISTURBANCE DEFENSE, INCIDENTS OF UNCHARGED VIOLENCE MAY BE ADMISSIBLE EVEN IF THE DEGREE OF VIOLENCE IS NOT COMMENSURATE WITH THE CONDUCT UNDERLYING THE CHARGES; Supreme Court, New York County, convicted defendant, upon a jury verdict, of murder in the second degree, attempted murder in the first degree, attempted assault in the first degree, assault in the first and second degrees, reckless endangerment in the first degree and two counts of criminal possession of a weapon in the second degree, and sentenced him to an aggregate term of 35 years to life; App. Div. affirmed.

JORDAN, MATTER OF v LEVINE (116 AD3d 1043):
2nd Dept. App. Div. order of 4/30/14; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; PROCEEDING AGAINST BODY OR OFFICER - PROHIBITION - WHEN REMEDY AVAILABLE - TRIAL ERRORS - MANDAMUS - CLEAR LEGAL RIGHT TO RELIEF SOUGHT; Supreme Court, Kings County, in a CPLR article 78 proceeding in the nature of prohibition to, among other things, prohibit respondent Civil Court Judge from presiding over an underlying holdover proceeding, and in the nature of mandamus to compel respondent Civil Court Judge to take certain action regarding determinations made on 10/20/11, and 12/14/11, in effect, denied the petition and dismissed the proceeding; App. Div. affirmed.

PACQUETTE (DEAN), PEOPLE v (112 AD3d 405):
1st Dept. App. Div. order of 12/3/13; affirmance; leave to appeal granted by Lippman, Ch.J., 6/5/14; CRIMES - IDENTIFICATION OF DEFENDANT - WHETHER THE APPELLATE DIVISION CORRECTLY HELD THAT THE IDENTIFICATION OF DEFENDANT BY A "GHOST OFFICER" IN A "BUY AND BUST" CASE WAS CONFIRMATORY AND, THUS, DID NOT REQUIRE CPL 710.30(1)(b) NOTICE; Supreme Court, New York County, convicted defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentenced him to a term of five years; App. Div. affirmed.

MONACO, MATTER OF (117 AD3d 1593):
4th Dept. App. Div. order of 5/9/14; affirmance with two-Justice dissent; sua sponte examination whether the order appealed from finally determines the proceeding within the meaning of the Constitution and whether the two-Justice dissent is on a question of law; DISCLOSURE - FINANCIAL DISCLOSURE - WHETHER THE APPELLATE DIVISION ERRED IN AFFIRMING A SURROGATE'S COURT ORDER DENYING RESPONDENT ESTATE'S MOTION TO COMPEL PETITIONER TO PRODUCE CERTAIN INCOME RECORDS OR FOR AUTHORIZATION TO OBTAIN SUCH RECORDS FROM THE NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; Surrogates's Court, Erie County, denied the Estate's motion to compel Eugene Allen Monaco to produce his income tax records from the years 1980 to 1995, or for authorization to obtain such records from the New York State Department of Taxation and Finance; App. Div. affirmed.

TIPALDO v LYNN (76 AD3d 477):
1st Dept. App. Div. order of 8/24/10; modification; leave to appeal granted by Court of Appeals, 6/5/14; LABOR - WHISTLEBLOWER LAW (CIVIL SERVICE LAW § 75-b) - RETALIATORY PERSONNEL ACTION AGAINST CITY DEPARTMENT OF TRANSPORTATION (DOT) EMPLOYEE WHO REPORTED TO THE DEPARTMENT OF INVESTIGATION (DOI) THAT TWO OF HIS SUPERVISORS VIOLATED BIDDING RULES - WHETHER THE APPELLATE DIVISION CORRECTLY DETERMINED THAT IT WAS FUTILE FOR PLAINTIFF TO FIRST REPORT THE ALLEGED VIOLATION TO THE INTERNAL DOT "APPOINTING AUTHORITY," AS REQUIRED BY THE STATUTE, BECAUSE THE SAME PEOPLE WHO COMMITTED THE ALLEGED VIOLATION WERE THE "APPOINTING AUTHORITY," AND THAT PLAINTIFF'S INFORMAL REPORT TO HIS IMMEDIATE SUPERVISORS AND HIS FORMAL REPORT TO THE DOI "SATISFACTORILY MET" THE STATUTORY REQUIREMENT; INTEREST - INTEREST ON AWARD - PRE-DETERMINATION INTEREST - WHETHER THE APPELLATE DIVISION CORRECTLY HELD THAT PRE-DETERMINATION INTEREST IS AVAILABLE TO A PREVAILING PLAINTIFF IN AN ACTION BROUGHT UNDER CIVIL SERVICE LAW § 75-b; Supreme Court, New York County, granted defendants' motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for partial summary judgment on the issue of liability; App. Div. reversed, denied defendants' motion, granted plaintiff's cross motion and remanded the matter for a determination of damages; Supreme Court awarded plaintiff $175,000 in back pay without interest; App. Div. modified, to the extent of ordering defendants to reinstate plaintiff to the same position held by him before the retaliatory personnel action, or to an equivalent position, and remanded the matter to Supreme Court to recalculate the award in accordance with the App. Div. order; Supreme Court, among other things, awarded plaintiff back pay, interest, attorneys' fees and costs.