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For June 8, 2018 through June 14, 2018 , the following preliminary appeal statements were filed:

ADIRONDACK WILD: FRIENDS OF THE FOREST PRESERVE, MATTER OF v NEW YORK STATE ADIRONDACK PARK AGENCY (161 AD3d 169):
3rd Dept. App. Div. order of 5/3/18; affirmance with dissents; Environmental Conservation--Judicial Review--in CPLR article 78 proceeding challenging Department of Environmental Conservation's approval of Essex Chain Lakes Complex Unit Management Plan, whether certain causes of action were ripe for judicial review; whether a rational basis exists for the determination of the Department of Environmental Conservation that the Wild, Scenic and Recreational Rivers System Act permits establishment of snowmobile trail on a road that is located in a wild river area; whether Supreme Court properly dismissed the fourth cause of action on the basis that respondents are not bound by guidance document for the siting, construction and maintenance of snowmobile trails that was adopted by Department of Environmental Conservation in 2009; Supreme Court, Albany County, dismissed petitioners' application, in a CPLR article 78 proceeding, to review a determination of respondent Department of Environmental Conservation approving a plan permitting the construction of a new snowmobile corridor; App. Div. affirmed.

BRASHER, MATTER OF v SAM DELL'S DODGE CORPORATION (159 AD3d 1234):
3rd Dept. App. Div. order of 3/22/18; affirmance; sua sponte examination 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; Workers' Compensation--Whether decision of Workers' Compensation Board denying claimant's application for reconsideration and/or full board review was arbitrary or capricious or constituted an abuse of discretion; alleged due process violations; App. Div. affirmed a Workers' Compensation Board decision denying claimant's application for reconsideration and/or full board review.

DelaCRUZ (JEAN CARLOS), PEOPLE v (161 AD3d 519):
1st Dept. App. Div. order of 5/15/18; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Crimes--Sex Offenders--Sex Offender Registration Act--Whether a person who commits a sex crime between the ages of 16 and 17 should be spared a sex offender adjudication at a level higher than level one, especially without an individual clinical assessment--claimed due process and cruel and unusual punishment violations-- whether defendant was properly classified as risk level one on the basis of a risk assessment instrument; Supreme Court, New York County, adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act; App. Div. affirmed.

JORDAN, MATTER OF v NEW YORK CITY HOUSING AUTHORITY (154 AD3d 618):
1st Dept. App. Div. order of 10/31/17; affirmance; leave to appeal granted by Court of Appeals, 6/12/18; Civil Service--Reinstatement--Whether Civil Service Law § 71 applies to labor class employees; parties--necessary parties--whether Department of Citywide Administrative Services is a necessary party to proceeding that challenged New York City Housing Authority's denial of petitioner's application for reinstatement; pleading--answer; whether respondent New York City Housing Authority should have been permitted an opportunity to answer the petition following the denial of its cross motion to dismiss; Supreme Court, New York County, among other things, 1) granted the petition to the extent of remitting the proceeding to respondent New York City Housing Authority (NYCHA) for compliance with Civil Service Law § 71, 2) denied NYCHA's cross motion to dismiss the petition as against it, and 3) denied NYCHA's request to answer the petition; App. Div. affirmed.

LI v PENG (161 AD3d 823):
2nd Dept. App. Div. order 5/9/18; 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; Estoppel--Collateral Estoppel--Whether Supreme Court properly determined that judgment entered in New Jersey court conclusively disposed of plaintiffs' claims and that plaintiffs are therefore collaterally estopped from maintaining New York action; alleged constitutional violations; Supreme Court, Queens County, denied plaintiffs' motion for summary judgment on the seventh cause of action (3/11/15 order); denied plaintiffs' motion for leave to serve a supplemental pleading (6/29/15 order); granted defendants' motion pursuant to CPLR 3211(a)(5) to dismiss the amended complaint as barred by the doctrine of collateral estoppel (7/6/15 order); and denied, as academic, defendants' motion to quash two judicial subpoenas duces tecum and ad testificandum issued to nonparties; App. Div. affirmed the 7/6/15 order, and dismissed the appeals from the other orders.

VANYO v BUFFALO POLICE BENEVOLENT ASSOCIATION, INC. (159 AD3d 1448):
4th Dept. App. Div. order of 3/16/18; affirmance; Limitation of Actions--Claim in Amended Pleading--Action by former police officer alleging improper termination following arbitration conducted pursuant to collective bargaining agreement; whether Supreme Court properly dismissed the first and second causes of action alleged in the amended complaint as time-barred; whether relation-back doctrine of CPL 203(f) applies to the first and second causes of action; dismissal of complaint--whether Supreme Court exceeded its authority in sua sponte dismissing original complaint with prejudice pursuant to CPLR 306-b; whether defendants waived any objection based upon lack of service of the original complaint; Supreme Court, Erie County, granted the motions of defendants to dismiss the complaint and amended complaint against them; App. Div. affirmed.

WEGMANS FOOD MARKETS, INC., MATTER OF v TAX APPEALS TRIBUNAL OF THE STATE OF NEW YORK (155 AD3d 1352):
3rd Dept. App. Div. order of 11/22/17; annulled determination; leave to appeal granted by Court of Appeals, 6/7/18; Taxation--Sales and Use Taxes--Whether an ambiguous tax exclusion should be construed in favor of the taxpayer or the government--whether the Appellate Division correctly concluded that the information services provided to appellant by a nonparty were excluded from sales tax liability under Tax Law § 105 (c)(1)--whether the Appellate Division properly made factual determinations not addressed by the Tax Appeals Tribunal; App. Div. annulled the determination of respondent Tax Appeals Tribunal denying petitioner's request for certain refunds of sales and use tax imposed under Tax Law articles 28 and 29.

For June 15, 2018 through June 21, 2018 , the following preliminary appeal statements were filed:

NEW YORK CITY ASBESTOS LITIGATION, MATTER OF (ALL NYCAL) (159 AD3d 576):
1st Dept. App. Div. order of 3/22/18 (corrected 4/6/18); affirmance; sua sponte examination 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; Actions--Case administration-- modification of case management order--claimed separation of powers, due process, and equal protection violations; punitive damages claims; Case Management Order (CMO), Supreme Court, New York County, modified the then-existing CMO with respect to, among other things, bankruptcy trust filings, creation of an accelerated docket, and the filing of punitive damage claims; App. Div. affirmed.

ROSA v DELACRUZ (158 AD3d 571):
1st Dept. App. Div. order of 2/22/18; affirmance; leave to appeal granted by Court of Appeals, 6/12/18; Rule 500.11 review pending; Insurance--No-Fault Automobile Insurance--Whether plaintiff raised an issue of fact as to whether his injuries were causally related to automobile accident; Insurance Law § 5102(d); Supreme Court, Bronx County, granted defendants' motions for summary judgment dismissing plaintiff Rosa's complaint; App. Div. affirmed.

For June 22, 2018 through June 28 , the following preliminary appeal statements were filed:

COLLAZO v NETHERLAND PROPERTY ASSETS LLC (155 AD3d 538):
1st Dept. App. Div. order of 11/28/17; affirmance; leave to appeal granted by Court of Appeals, 6/14/18; Landlord and Tenant--Rent--Tenants' claims of rent overcharge by landlord allegedly taking advantage of luxury decontrol provisions of the Rent Stabilization Law while simultaneously receiving tax incentives under the City of New York's J-51 program--whether Supreme Court abused its discretion in determining that most of plaintiffs' claims were within the specialized expertise of the New York State Division of Housing and Community Renewal and dismissing those claims under the primary jurisdiction doctrine; Supreme Court, New York County, granted defendants' motion to dismiss plaintiffs' complaint; App. Div. affirmed.

CUBERO (MICHAEL), PEOPLE v (160 AD3d 1298):
3rd Dept. App. Div. order of 4/26/18; affirmance with dissents; leave to appeal granted by Lynch, J., 6/20/18; Crimes--Appeal--Preservation of constitutional challenge to statute creating Justice Center for the Protection of People with Special Needs; whether Appellate Division, pursuant to its interest of justice jurisdiction or by its inherent authority, may remit matter for further factual findings as to whether Special Prosecutor acted with consent of District Attorney; crimes--right to counsel--effective representation--whether defendant's counsel was ineffective for failing to raise constitutional argument challenging authority of Special Prosecutor; County Court, Sullivan County, convicted defendant of two counts of criminal sexual act in the third degree, endangering the welfare of an incompetent or physically disabled person in the first degree and two counts of sexual abuse in the second degree; App. Div. affirmed.

KRUG, MATTER OF v CITY OF BUFFALO (162 AD3d 1463):
4th Dept. App. Div. order of 6/8/18; affirmance with dissents; sua sponte examination whether the order appealed from finally determines the proceeding within the meaning of the Constitution; Proceeding Against Body or Officer--CPLR article 78 proceeding to annul to annul respondent's denial of petitioner's request to be defended in a civil action alleging that petitioner police officer assaulted a civilian; whether the denial of petitioner's request for a defense was arbitrary and capricious; whether conduct occurred while petitioner was acting within the scope of his public employment or duties; Supreme Court, Erie County, granted the CPLR article 78 petition to the extent of ordering respondent to provide for petitioner's defense in a civil action; App. Div. affirmed.

MATTER OF MARIN, A SUSPENDED ATTORNEY (162 AD3d 1198):
3rd Dept. App. Div. order of 6/7/18; denial of appellant's motions and grant of respondent's motion; sua sponte examination 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; Appeal--Appealable Paper--Appealability of order denying motions for, among other things, reargument, and granting motion to enjoin attorney from filing any new motions or applications without prior leave of court; alleged due process violation; App. Div. (1) denied appellant's motions for an order granting, among other things, reargument from an order of that court denying appellant's motion seeking vacatur of the 1998 order suspending him from the practice of law, and (2) granted the motion of the Attorney Grievance Committee for the Third Judicial Department for an order enjoining appellant from filing any new motions or applications in the Appellate Division, Third Department, other than an application for reinstatement, without prior leave of that court.