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For July 9, 2010 through July 15, 2010, the following preliminary appeal statements were filed:

ACOSTA v CITY OF NEW YORK (72 AD3d 624):
2nd Dept. App. Div. order of 4/6/10; reversal; leave to appeal granted by Court of Appeals, 6/29/10; Rule 500.11 review pending; TRIAL - VERDICT - SETTING VERDICT ASIDE - SUFFICIENCY OF THE EVIDENCE SUPPORTING JURY VERDICT FINDING DEFENDANTS LIABLE FOR BATTERY AND FALSE ARREST - APPELLATE DIVISION DETERMINATION THAT "THE RECORD IS REPLETE WITH INSTANCES WHERE THE TESTIMONY AND OTHER EVIDENCE ADDUCED BY THE PLAINTIFF WAS MANIFESTLY UNTRUE AND TAILORED TO AVOID THE CONSEQUENCES OF PREVIOUS STATEMENTS MADE BY HIM TO DISINTERESTED NONPARTY WITNESSES"; Supreme Court, Kings County denied defendants' motion pursuant to CPLR 4404(a) to set aside a jury verdict in favor of the plaintiff and for judgment as a matter law or to set aside the jury verdict as against the weight of the evidence and for a new trial, and granted defendants' separate motion pursuant to CPLR 4404(a) to set aside the verdict on the issue of damages only to the extent of ordering a new trial unless the plaintiff stipulated to reduce the damages award for future pain and suffering to the principal sum of $325,000 (the 12/18/08 order); thereafter, Supreme Court issued a judgment that, upon the 12/18/08 order and plaintiff's stipulation, is in favor of the plaintiff and against defendants in the principal sum of $480,000; App. Div. reversed the judgment, granted that branch of the defendants' motion pursuant to CPLR 4404(a) which was to set aside the jury verdict and for judgment as a matter of law, and modified the 12/18/08 order accordingly.

AMERICAN HOME ASSURANCE CO. v NAUSCH, HOGAN & MURRAY, INC. (71 AD3d 550):
1st Dept. App. Div. order of 3/23/10; affirmance; leave to appeal granted by App. Div., 6/22/10; INSURANCE - AGENTS AND BROKERS - BROKERS ON CONTRACTS OF REINSURANCE - CAUSES OF ACTION FOR INDEMNITY, CONTRIBUTION, BREACH OF FIDUCIARY DUTY, NEGLIGENCE AND UNJUST ENRICHMENT - ACCRUAL OF CAUSES OF ACTION - STATUTE OF LIMITATIONS - ALLEGED ATTEMPT TO CIRCUMVENT STATUTE OF LIMITATIONS BY PLEADING INDEMNITY AND CONTRIBUTION CAUSES OF ACTION - WHETHER THE COMPLAINT FAILS TO STATE A CAUSE OF ACTION FOR CONTRIBUTION; Supreme Court, New York County denied defendant Newman Martin and Buchan (1987) Limited's motion to dismiss the complaint; App. Div. affirmed.

CLARK, PEOPLE ex rel. v WALSH (73 AD3d 1409):
3rd Dept. App. Div. order of 5/27/10; affirmance; sua sponte examination whether any jurisdictional basis exists for an appeal as of right; HABEAS CORPUS - AVAILABILITY OF RELIEF; Supreme Court, Sullivan County denied application for writ of habeas corpus; App. Div. affirmed.

DOHERTY v MERCHANTS MUTUAL INSURANCE COMPANY (74 AD3d 1870):
4th Dept. App. Div. order of 6/11/10; affirmance with dissents; INSURANCE - ACTION AGAINST INSURER - ACTION ALLEGING THAT INSURER ACTED IN BAD FAITH BY FAILING TO SETTLE AN UNDERLYING PERSONAL INJURY ACTION WITHIN THE POLICY LIMITS, THEREBY EXPOSING THE DEFENDANT IN THE UNDERLYING ACTION TO PERSONAL LIABILITY FOR THE DIFFERENCE BETWEEN THE VERDICT AMOUNT AND THE POLICY LIMIT; SUMMARY JUDGMENT; Supreme Court, Erie County granted defendant's motion for summary judgment dismissing the complaint; App. Div. affirmed.

EDWARDS v ERIE COACH LINES CO. (72 AD3d 1589; 72 AD3d 1588):
4th Dept. App. Div. orders of 4/30/10; affirmances; leave to appeal granted by App. Div., 7/2/10; CONFLICT OF LAW - LAW GOVERNING TORT ACTIONS - ACTION SEEKING DAMAGES FOR INJURIES OR WRONGFUL DEATH RESULTING FROM COLLISION OF TRACTOR-TRAILER PARKED ON SHOULDER OF HIGHWAY IN NEW YORK AND CHARTERED BUS TRANSPORTING A YOUNG WOMEN'S HOCKEY TEAM FROM ONTARIO, CANADA - WHETHER COURTS BELOW ERRED IN DETERMINING THAT THE LAW OF ONTARIO, CANADA APPLIED AS TO NONECONOMIC DAMAGES; EVIDENCE - JUDICIAL NOTICE - WHETHER THE APPELLATE DIVISION ERRED IN CONCLUDING THAT SUPREME COURT DID NOT ABUSE ITS DISCRETION BY TAKING JUDICIAL NOTICE OF ONTARIO LAW REGARDING NONECONOMIC DAMAGES DESPITE DEFENDANTS' FAILURE TO RAISE THE APPLICABILITY OF SUCH LAW AS AN AFFIRMATIVE DEFENSE AND TO PROVIDE THE SUBSTANCE OF THE LAW IN THEIR PLEADINGS PURSUANT TO CPLR 3016(e) - INTERPLAY BETWEEN CPLR 3016(e) AND CPLR 4511(b); Supreme Court, Livingston County granted defendants' motions and determined that the law of Ontario, Canada concerning noneconomic damages applies to this action to recover damages for personal injury and wrongful death; App. Div. affirmed.

GARCIA (RODRIGUECE), PEOPLE v (71 AD3d 555):
1st Dept. App. Div. order of 3/23/10; affirmance; leave to appeal granted by Lippman, Ch.J., 6/30/10; CRIMES - RIGHT TO COUNSEL - CONFLICT OF INTEREST - WHETHER THE SENTENCING COURT CONDUCTED AN ADEQUATE INQUIRY INTO DEFENSE COUNSEL'S ALLEGED CONFLICT OF INTEREST; Supreme Court, Bronx County convicted defendant, upon his guilty plea, of attempted robbery in the first degree and sentenced him, as a second violent felony offender, to a term of 7 1/2 years; App. Div. affirmed.

McCARTHY v TURNER CONSTRUCTION, INC. (72 AD3d 539):
1st Dept. App. Div. order of 4/20/10; affirmance; leave to appeal granted by App. Div., 6/29/10; INDEMNITY - WHEN CLAIM FOR COMMON-LAW INDEMNIFICATION IS AVAILABLE - PROPERTY OWNERS AND GENERAL CONTRACTOR LIABLE UNDER LABOR LAW § 240(1) TO INJURED PLAINTIFF WORKING DIRECTLY FOR A SUBCONTRACTOR - WHETHER NON- NEGLIGENT PROPERTY OWNERS MAY SEEK COMMON-LAW INDEMNIFICATION FROM A NON-NEGLIGENT GENERAL CONTRACTOR WHO DID NOT ACTUALLY SUPERVISE OR CONTROL THE INJURED PLAINTIFF'S WORK BUT WHOSE CONTRACT WITH A NON-PARTY STATED THAT IT "SHALL SUPERVISE AND DIRECT" THE CONTRACT WORK AND "SHALL BE SOLELY RESPONSIBLE FOR AND HAVE CONTROL OVER CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES AND PROCEDURES FOR COORDINATING ALL PORTIONS" OF SUCH WORK; Supreme Court, New York County denied the motion of defendants Boston Properties, Inc. and Times Square Tower Associates, LLC for summary judgment on their cross claim for contribution and common-law indemnification against defendant John Gallin & Son, Inc., and awarded Gallin summary judgment dismissing the cross claims; App. Div. affirmed.

OPHARDT, MATTER OF v VASQUEZ (74 AD3d 1745; 74 AD3d 1742):
4th Dept. App. Div. orders of 6/11/10; affirmance and confirmation of determination; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; MUNICIPAL CORPORATIONS - VIOLATIONS OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE (BUILDING CODE) (19 NYCRR 1219.1 et seq.) - WHETHER ROCHESTER'S MUNICIPAL CODE VIOLATIONS BUREAU HAS JURISDICTION TO ADJUDICATE VIOLATIONS OF THE BUILDING CODE; Monroe County Court order and judgment, in a combined CPLR article 78 and declaratory judgment action, transferring the CPLR article 78 proceeding to the App. Div. and, among other things, declaring that the Municipal Code Violations Bureau has jurisdiction to adjudicate violations of the Building Code; App. Div. affirmed the judgment, confirmed the determination finding that petitioner violated various Building Code provisions and dismissed the CPLR article 78 petition.

THE RGH LIQUIDATING TRUST v DELOITTE & TOUCHE LLP (71 AD3d 198):
1st Dept. App. Div. order of 12/18/09; modification; leave to appeal granted by App. Div. 6/22/10 (as corrected on 7/8/10); ACCOUNTS AND ACCOUNTING - ACTION AGAINST ACCOUNTANTS - WHETHER THE SECURITIES LITIGATION UNIFORM STANDARDS ACT OF 1998 (SLUSA) REQUIRES THE DISMISSAL OF FRAUD CLAIMS AGAINST AN ACCOUNTING FIRM ASSERTED BY PLAINTIFF LIQUIDATING TRUST ON BEHALF OF HOLDERS OF BONDS ISSUED BY BANKRUPT COMPANY; Supreme Court, New York County, among other things, denied defendants' motion to dismiss the amended complaint with respect to claims asserted on behalf of identified creditors and groups of creditors of Reliance Group Holdings, Inc.; App. Div. modified to grant the motion to the extent of dismissing the claims asserted on behalf of holders of bonds issued by Reliance, and otherwise affirmed.

For July 16, 2010 through July 22, 2010, the following preliminary appeal statements were filed:

BRACCI, MATTER OF v NEW YORK STATE DIVISION OF HUMAN RIGHTS (62 AD3d 1146):
3rd Dept. App. Div. judgment of 5/14/09; confirmation of administrative determination; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right and whether the appeal was timely taken; CIVIL RIGHTS - DISCRIMINATION BASED ON GENDER - HOSTILE WORK ENVIRONMENT AND SEXUAL HARASSMENT - PROCEEDING PURSUANT TO HUMAN RIGHTS LAW (EXECUTIVE LAW § 298) BY CORRECTION OFFICER AGAINST THE DEPARTMENT OF CORRECTIONAL SERVICES AND HER FORMER CAPTAIN; WHETHER RESPONDENT'S DETERMINATION WAS SUPPORTED BY SUBSTANTIAL EVIDENCE; App. Div. confirmed respondent's determination dismissing petitioner's discrimination complaint, and dismissed the petition.

BUTLER v STAGECOACH GROUP, PLC. COWAN v STAGECOACH GROUP, PLC. GODWIN v STAGECOACH GROUP, PLC (72 AD3d 1587; 72 AD3d 1586; 72 AD3d 1581):
4th Dept. App. Div. orders of 4/30/10; affirmances; leave to appeal granted by App. Div., 7/2/10; CONFLICT OF LAW - LAW GOVERNING TORT ACTIONS - ACTION SEEKING DAMAGES FOR INJURIES OR WRONGFUL DEATH RESULTING FROM COLLISION OF TRACTOR-TRAILER PARKED ON SHOULDER OF HIGHWAY IN NEW YORK AND A CHARTERED BUS TRANSPORTING YOUNG WOMEN'S HOCKEY TEAM FROM ONTARIO, CANADA - WHETHER COURTS BELOW ERRED IN DETERMINING THAT THE LAW OF ONTARIO, CANADA APPLIED AS TO NONECOMONIC DAMAGES; EVIDENCE - JUDICIAL NOTICE - WHETHER THE APPELLATE DIVISION ERRED IN CONCLUDING THAT SUPREME COURT DID NOT ABUSE ITS DISCRETION BY TAKING JUDICIAL NOTICE OF ONTARIO LAW REGARDING NONECONOMIC DAMAGES DESPITE DEFENDANTS' FAILURE TO RAISE THE APPLICABILITY OF SUCH LAW AS AN AFFIRMATIVE DEFENSE AND TO PROVIDE THE SUBSTANCE OF THE LAW IN THEIR PLEADINGS PURSUANT TO CPLR 3016(e) - INTERPLAY BETWEEN CPLR 3016(e) AND CPLR 4511(b); Supreme Court, Livingston County granted defendants' motions and determined that the law of Ontario, Canada concerning nonecomonic damages applies to these actions; App. Div. affirmed.

CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK v McGRAHAM (75 AD3d 445):
1st Dept. App. Div. order of 7/13/10; reversal with dissents; ARBITRATION - CONFIRMING OR VACATING AWARD - AWARD FINDING TEACHER GUILTY OF SERIOUS MISCONDUCT UNBECOMING A PERSON IN THE POSITION OF TEACHER AND IMPOSING A PENALTY OF 90 DAYS SUSPENSION WITHOUT PAY AND REASSIGNMENT - CHALLENGE TO APPELLATE DIVISION ORDER HOLDING THAT NO BASIS EXISTED "UPON WHICH [SUPREME] COURT SHOULD HAVE DISTURBED THE HEARING OFFICER'S DETERMINATION" REGARDING THE PENALTY IMPOSED; In a proceeding pursuant to Education Law § 3020-a(5) and CPLR 7511 to vacate an impartial hearing officer's determination finding respondent teacher guilty of serious misconduct unbecoming a person in the position of teacher and imposing a penalty of 90 days suspension without pay and reassignment, Supreme Court granted the petition and remanded the matter for imposition of a new penalty; App. Div. reversed, reinstated the award and dismissed the petition.

DARRISAW v STRONG MEMORIAL HOSPITAL (74 AD3d 1769):
4th Dept. App. Div. order of 6/11/10; affirmance with dissents; sua sponte examination whether the two-justice dissent at the App. Div. is on a question of law; PHYSICIANS AND SURGEONS - MALPRACTICE - SUMMARY JUDGMENT - WHETHER THE APPELLATE DIVISION ERRED IN AFFIRMING A SUPREME COURT ORDER GRANTING SUMMARY JUDGMENT TO DEFENDANTS - NEGLIGENT SUPERVISION; Supreme Court, Monroe County granted defendants' motion for summary judgment dismissing the complaint in this medical malpractice action; App. Div. affirmed.

FERNANDEZ (MARCOS A.), PEOPLE v (74 AD3d 1379):
3rd Dept. App. Div. order of 6/3/10; reversal; leave to appeal granted by McCarthy, J., 7/8/10; CRIMES - WITNESSES - REPUTATION FOR TRUTH AND VERACITY - WHETHER THE TRIAL COURT IMPROPERLY PRECLUDED DEFENDANT FROM PRESENTING TESTIMONY OF TWO FAMILY MEMBERS REGARDING THE COMPLAINANT'S REPUTATION IN THEIR FAMILY FOR UNTRUTHFULNESS; Ulster County Court convicted defendant of sexual abuse in the first degree, sexual abuse in the second degree and endangering the welfare of a child; App. Div. reversed, dismissed count 5 of the indictment and remitted to Ulster County Court for a new trial on counts 4 and 6 of the indictment.

GENT UNIFORM RENTAL CORP., MATTER OF v COUNTY OF SUFFOLK DEPARTMENT OF LABOR (73 AD3d 771):
2nd Dept. App. Div. order of 5/4/10; affirmance; sua sponte examination whether the order 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; EMPLOYMENT RELATIONSHIPS - WAGES - CPLR ARTICLE 78 PROCEEDING TO REVIEW DETERMINATION OF THE SUFFOLK COUNTY DEPARTMENT OF LABOR THAT PETITIONER FAILED TO COMPLY WITH THE LIVING WAGE LAW OF THE COUNTY OF SUFFOLK (LOCAL LAW 12 OF 2001) IN PERFORMING A CONTRACT TO SUPPLY CERTAIN UNIFORMS AND AWARDING A CONTRACT TO ANOTHER COMPANY TO SUPPLY THE UNIFORMS; MUNICIPAL CORPORATIONS; Supreme Court, Suffolk County denied the petition in proceeding number 1, directed an award on the counterclaims in that proceeding, found petitioner ineligible for future contracts with the county, compelled petitioner to submit to depositions, directed an inquest to assess the amount of penalties to be awarded on the counterclaims, denied petitioner's motion to renew the petition in proceeding number 1 and consolidate proceedings numbers 1 and 2, granted the County's motion to dismiss proceeding number 2 and dismissed that proceeding; App. Div. affirmed.

HUNTER (SHAWN), PEOPLE v (70 AD3d 1343):
4th Dept. App. Div. order of 2/11/10; affirmance; leave to appeal granted by Smith, J., 7/15/10; CRIMES - SUPPRESSION HEARING - STANDING TO CHALLENGE SEARCH OF APARTMENT IN WHICH DEFENDANT WAS ARRESTED; PRESERVATION - WHETHER THE PEOPLE MAY ARGUE FOR THE FIRST TIME ON APPEAL THAT DEFENDANT LACKED STANDING TO CHALLENGE THE SEARCH; Supreme Court, Monroe County convicted defendant of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree; App. Div. affirmed.

JOHNSON (STEVE), PEOPLE v (74 AD3d 427):
1st Dept. App. Div. order of 6/1/10; affirmance; leave to appeal granted by Freedman, J., 7/13/10; CRIMES - INSANITY - DEFENDANT'S BELIEF THAT HIS ACTS WERE IN OBEDIENCE TO DIVINE INSTRUCTIONS - CHALLENGE TO TRIAL COURT'S STANDARD INSTRUCTIONS ON INSANITY DEFENSE AND SUPPLEMENTAL INSTRUCTIONS IN RESPONSE TO JUROR NOTES; JURY - SELECTION OF JURY - WHETHER TRIAL COURT ERRED IN DENYING DEFENDANT'S CHALLENGE FOR CAUSE TO A PROSPECTIVE JUROR WHO PROFESSED HAVING "STRONG OPINIONS" ON THE INSANITY DEFENSE BASED ON RESEARCH SHE CONDUCTED ON THE DEFENSE WHILE IN COLLEGE; Supreme Court, New York County convicted defendant of attempted murder in the second degree as a hate crime, two counts of attempted murder in the second degree, assault in the first degree as a hate crime, three counts of assault in the first degree, 15 counts each of kidnapping in the second degree as a hate crime and kidnapping in the second degree, five counts each of assault in the second degree as a hate crime and of assault in the second degree, and three counts each of criminal possession of a weapon in the second and third degrees, and sentenced him, as a second violent felony offender, to an aggregate term of 240 years; App. Div. affirmed.

KATZ v MARRA (74 AD3d 888):
2nd Dept. App. Div. order of 6/8/10; affirmance; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution; CONTRACTS - BREACH OR PERFORMANCE OF CONTRACT - ACTION FOR SPECIFIC PERFORMANCE OF CONTRACT FOR SALE OF RENTAL PROPERTY; VACATUR OF ORDER; PARTIES - STANDING; APPOINTMENT OF SPECIAL REFEREE TO TRANSFER PROPERTY; Supreme Court, Kings County denied defendant's motion to vacate a judgment of the same court dated 11/20/06 granting plaintiff's unopposed motion for summary judgment on the complaint and awarding plaintiff specific performance of the contract, and denied defendant's motion to vacate a 1/3/08 order of the same court granting plaintiff's unopposed motion for the appointment of a special referee to sign a deed transferring the subject real property to plaintiff; App. Div. affirmed.

MARTE, MATTER OF v BERKMAN (70 AD3d 493):
1st Dept. App. Div. order of 2/16/10; denial of writ in CPLR article 78 proceeding; leave to appeal granted by App. Div., 5/20/10; PROCEEDING AGAINST BODY OR OFFICER - CPLR ARTICLE 78 PROCEEDING IN THE NATURE OF PROHIBITION SEEKING TO PREVENT RETRIAL OF PETITIONERS ON UNDERLYING CRIMINAL MATTER ON THE GROUND OF DOUBLE JEOPARDY - MANIFEST NECESSITY FOR MISTRIAL - PETITIONERS' CONSENT TO MISTRIAL; App. Div. denied petitioners' CPLR article 78 petition in the nature of a writ of prohibition.

MARTINO v STOLZMAN (74 AD3d 1764):
4th Dept. App. Div. order of 6/11/10; modification with dissents; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution; MOTOR VEHICLES - COLLISION - DUTY OF SOCIAL HOSTS TO CONTROL AND SUPERVISE INTOXICATED GUESTS LEAVING THEIR PREMISES; NEGLIGENCE; DISMISSAL OF CLAIMS; Supreme Court, Niagara County denied the motion of defendants Oliver seeking, among other things, dismissal of the claim in Action No. 1 and the cause of action against them in Action No. 2 asserting a violation of General Obligations Law § 11-101; App. Div. modified by granting the motion of defendants Oliver in part and dismissing the claim against them in Action No. 1 and the cause of action against them in Action No. 2 asserting the violation of General Obligations Law § 11-101.

MEDINA (JUAN), PEOPLE v (67 AD3d 548):
1st Dept. App. Div. order of 11/19/09; modification; leave to appeal granted by Lippman, Ch. J., 7/7/10; CRIMES - INSTRUCTIONS - CHALLENGE TO INSTRUCTION NOT CONTAINING THE STATUTORY DEFINITIONS OF "DEPRIVE" AND "APPROPRIATE" SET FORTH IN SUBDIVISIONS (3) AND (4) OF PENAL LAW § 155.00; TRIAL - MISTRIAL - CHALLENGE TO APPELLATE DIVISION HOLDINGS THAT TRIAL COURT PROPERLY EXERCISED ITS DISCRETION (1) "WHEN IT DENIED DEFENDANT'S MISTRIAL MOTIONS MADE AFTER NOTES FROM DELIBERATING JURY INDICATED IT WAS DEADLOCKED . . . AND INSTEAD DELIVERED SEVERAL ALLEN CHARGES" AND (2) "BY NOT ASKING THE JURY ABOUT THE LIKELIHOOD OF A VERDICT OR CONDUCTING A SEPARATE COLLOQUY WITH A POSSIBLE HOLDOUT JUROR"; Supreme Court, Bronx County convicted defendant of robbery in the first degree and sentenced him to a term of 10 years; App. Div. modified to the extent of reducing the sentence to a term of 8 years and otherwise affirmed.

OAKES v MUKA (69 AD3d 1139; 56 AD3d 1057; 31 AD3d 834):
3rd Dept. App. Div. orders of 7/6/06, 11/26/08, 1/21/10 and 6/8/10; sua sponte examination whether the orders appealed from finally determine the action within the meaning of the Constitution and whether any jurisdictional basis exists to support an appeal as of right; TRUSTS - CONSTRUCTIVE TRUST - CHALLENGE TO VARIOUS ORDERS ENTERED IN ACTION SEEKING, AMONG OTHER THINGS, DECLARATION THAT PARTICULAR LIVING TRUST, AS AMENDED ON A CERTAIN DATE, WAS IN FULL FORCE AND THAT ALL SUBSEQUENT APPOINTMENTS, AMENDMENTS AND AFFIDAVITS WERE OF NO EFFECT BECAUSE DEFENDANT USED FRAUD, DURESS AND UNDUE INFLUENCE UPON DECEDENT TO MAKE CHANGES TO THE TRUST; Supreme Court, Tompkins County denied defendant's motion to dismiss the complaint and for recusal; App. Div. affirmed; Supreme Court granted plaintiff's motions to dismiss defendant's counterclaim and denied defendant's motion to vacate a prior order of that court; App. Div. affirmed; Supreme Court issued a judgment in plaintiff's favor that, among other things, invalidated several changes to the Herbert C. Oakes Living Trust, imposed a constructive trust over the trust assets and enjoined defendant from conducting any further transactions with respect to any of the assets, and denied defendant's motion to set aside the verdict; App. Div. affirmed and, thereafter, denied defendant's motion for, among other things, reargument or permission to appeal to the Court of Appeals.

WINGATE (BLAKE), PEOPLE v (70 AD3d 734):
2nd Dept. App. Div. order of 2/2/10; modification; leave to appeal granted by Smith, J., 7/15/10; CRIMES - RIGHT TO REPRESENTATION PRO SE - SUFFICIENCY OF "SEARCHING INQUIRY" - WHETHER JUDGMENT OF CONVICTION MUST BE REVERSED WHERE NISI PRIUS COURT ALLOWED DEFENDANT TO REPRESENT HIMSELF AT SUPPRESSION HEARING WITHOUT GIVING HIM ADEQUATE WARNINGS ABOUT THE DANGERS AND DISADVANTAGES OF PROCEEDING WITHOUT COUNSEL BUT GAVE DEFENDANT ADEQUATE WARNINGS BEFORE ALLOWING HIM TO REPRESENT HIMSELF AT TRIAL; ALLEGED ERROR IN LIMITING ACCESS TO STANDBY COUNSEL BY PREVENTING DEFENDANT FROM COMMUNICATING WITH COUNSEL DURING CROSS-EXAMINATION OF PROSECUTION WITNESS AND WITH AN INVESTIGATOR BEFORE DECIDING WHETHER TO PUT ON A DEFENSE CASE; Supreme Court, Queens County convicted defendant of possession of stolen property in the fourth degree and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposed sentence; App. Div. modified by vacating the conviction of criminal possession of stolen property in the fourth degree and the sentence imposed thereon, and dismissing that count of the indictment, and affirmed the judgment as so modified.

For July 23, 2010 through July 29, 2010, the following preliminary appeal statements were filed:

BUENO (CHRISTIAN), PEOPLE v (71 AD3d 908):
2nd Dept. App. Div. order of 3/16/10; affirmance; leave to appeal granted by Smith, J., 7/21/10; CRIMES - ASSAULT - ASSAULT OF UNIFORMED EMERGENCY MEDICAL TECHNICIAN GETTING INTO AMBULANCE - REQUISITE INTENT - PENAL LAW § 120.05(3) - SUFFICIENCY OF EVIDENCE THAT DEFENDANT INTENDED TO INTERFERE WITH THE TECHNICIAN'S PERFORMANCE OF A LAWFUL DUTY; Supreme Court, Kings County convicted defendant, upon a jury verdict, of assault in the second degree, and imposed sentence; App. Div. affirmed.

HILL (GREGORY), PEOPLE v (70 AD3d 1487):
4th Dept. App. Div. order of 2/11/10; affirmance; leave to appeal granted by Lippman, Ch.J., 7/21/10; CRIMES - VERDICT - WHETHER JURY VERDICT FINDING DEFENDANT GUILTY OF ASSAULT IN THE SECOND DEGREE IN CONNECTION WITH THE USE OF A WEAPON WHILE SIMULTANEOUSLY FINDING HIM NOT GUILTY OF CRIMINAL POSSESSION OF A WEAPON IN THE THIRD DEGREE IS REPUGNANT; JURORS - ALLEGED DENIAL OF FAIR TRIAL AND DUE PROCESS BECAUSE TRIAL COURT DID NOT READ JURY NOTE VERBATIM TO DEFENSE COUNSEL BEFORE SUMMONING THE JURY TO THE COURTROOM; Supreme Court, Erie County convicted defendant, upon a jury verdict, of assault in the second degree; App. Div. affirmed.