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For July 11, 2014 through July 17, 2014, the following preliminary appeal statements were filed:

ACE SECURITIES CORPORATION v DB STRUCTURED PRODUCTS, INC. (112 AD3d 522):
1st Dept. App. Div. order of 12/19/13; reversal; leave to appeal granted by Court of Appeals, 6/26/14; LIMITATION OF ACTIONS - WHEN CAUSE OF ACTION ACCRUES - CONTRACT CAUSE OF ACTION STEMMING FROM BREACH OF REPRESENTATIONS AND WARRANTIES CONTAINED IN AGREEMENTS RELATED TO THE SECURITIZATION OF RESIDENTIAL MORTGAGES - TIMELINESS OF CONTRACT CAUSE OF ACTION UNDER SIX-YEAR STATUTE OF LIMITATIONS; Supreme Court, New York County, denied defendant's motion to dismiss the complaint; App. Div. reversed, granted defendant's motion to dismiss the complaint, and directed the Clerk to enter judgment accordingly.

BROWN (STANLEY), PEOPLE v (114 AD3d 1146):
4th Dept. App. Div. order of 2/7/14; affirmance; leave to appeal granted by Court of Appeals, 7/1/14; CRIMES - SEX OFFENDERS - SEX OFFENDER REGISTRATION ACT (SORA) - PROPER STANDARD OF PROOF TO BE APPLIED TO DEFENDANT SEEKING TO PROVE THE EXISTENCE OF A MITIGATING FACTOR WARRANTING A DOWNWARD DEPARTURE UNDER SORA; DEGREE OF CONSIDERATION A HEARING COURT SHOULD GIVE TO A CERTIFICATE OF RELIEF FROM CIVIL DISABILITIES WHEN ASSESSING A DEFENDANT POINTS UNDER RISK FACTOR 9 FOR A PRIOR DWI CONVICTION; County Court, Jefferson County, determined that defendant is a level three risk pursuant to the Sex Offender Registration Act; App. Div. affirmed.

CARVER, MATTER OF v STATE OF NEW YORK (87 AD3d 25):
2/11/14 stipulation and order, bringing up for review 2nd Dept. App. Div. order of 6/21/11; modification; leave to appeal granted by Court of Appeals, 6/26/14; SOCIAL SERVICES - PUBLIC ASSISTANCE - STATE'S ENTITLEMENT TO REIMBURSEMENT FROM FORMER PUBLIC ASSISTANCE RECIPIENT'S LOTTERY WINNINGS - WORK EXPERIENCE PROGRAM (WEP) PARTICIPANT - WHETHER A PUBLIC ASSISTANCE BENEFICIARY WHO WAS STATUTORILY REQUIRED TO PARTICIPATE IN NEW YORK CITY'S WEP AS A CONDITION OF CONTINUED RECEIPT OF BENEFITS (SOCIAL SERVICES LAW § 336[1][d]), WAS AN "EMPLOYEE" ENTITLED TO THE MINIMUM WAGE PROTECTIONS OF THE FEDERAL FAIR LABOR STANDARDS ACT (29 USC § 201 et seq.); Supreme Court, Kings County, in a CPLR article 78 proceeding to review a determination of the New York State Office of Temporary and Disability Assistance dated 1/8/08, withholding one half of petitioner's $10,000 lottery prize winnings pursuant to Tax Law § 1613-b and Social Services Law § 131-r, granted that branch of respondents' cross motion which was to dismiss the petition pursuant to CPLR 3211(a)(7) insofar as asserted against certain respondents, denied the petition insofar as asserted against those respondents, and dismissed the proceeding as against those respondents; App. Div. modified by deleting the provision of the judgment granting that branch of respondents' cross motion which was to dismiss the fourth cause of action insofar as asserted against respondents New York State Office of Temporary and Disability Assistance and its Commissioner and dismissing that cause of action against those respondents, and substituting therefor a provision denying that branch of the cross motion; affirmed the judgment as so modified, reinstated the fourth cause of action as against those respondents, and remitted the matter to Supreme Court for further proceedings on the cause of action after respondents have been permitted to serve and file an answer.

GREATER JAMAICA DEVELOPMENT CORP., MATTER OF v NEW YORK CITY TAX COMMISSION (111 AD3d 937):
2nd Dept. App. Div. order of 11/27/13; reversal; leave to appeal granted by Court of Appeals, 7/1/14; TAXATION - EXEMPTIONS - PARKING FACILITIES OWNED AND OPERATED BY A CHARITABLE NOT-FOR-PROFIT CORPORATION WITH A MISSION TO PROMOTE BUSINESS DEVELOPMENT IN A SPECIFIC AREA - WHETHER THE APPELLATE DIVISION CORRECTLY RULED THAT THE PUBLIC PARKING FACILITIES WERE ENTITLED TO A TAX EXEMPTION UNDER RPTL 420-a; Supreme Court, Queens County, denied a CPLR article 78 petition for an order to annul a determination revoking a tax exemption granted to certain public parking facilities owned and operated by petitioner and granted respondents' cross motion to dismiss the petition; App. Div. reversed, granted the CPLR article 78 petition to the extent of annulling a determination revoking the tax exemptions granted to the subject parking facilities, and denied respondents' cross motion to dismiss the petition.

HELTZ v BARRATT (115 AD3d 1298):
4th Dept. App. Div. order of 3/28/14; affirmance; leave to appeal granted by Court of Appeals, 6/30/14; Rule 500.11 review pending; MOTOR VEHICLES - COLLISION - WHETHER TRIABLE ISSUE OF FACT EXISTED AS TO WHETHER DEFENDANT BARRATT EXERCISED THE REQUISITE CARE IN ATTEMPTING TO AVOID THE COLLISION - SUMMARY JUDGMENT; NEGLIGENCE; Supreme Court, Erie County, granted defendants' motion for summary judgment dismissing the first amended complaint; App. Div. affirmed.

LOZINAK, MATTER OF v BOARD OF EDUCATION OF WILLIAMSVILLE CENTRAL SCHOOL DISTRICT (115 AD3d 1216):
4th Dept. App. Div. order of 3/21/14; affirmance; leave to appeal granted by Court of Appeals, 6/30/14; Rule 500.11 review pending; EMPLOYMENT RELATIONSHIPS - WRONGFUL DISCHARGE - CPLR ARTICLE 78 PROCEEDING TO VACATE RESPONDENT'S DECISION TERMINATING EMPLOYMENT OF ACCOUNT CLERK TYPIST FOR SCHOOL DISTRICT - WHETHER THE COURTS BELOW ERRED IN DETERMINING THAT THE EMPLOYEE'S ACTIONS DID NOT INVOLVE GRAVE MORAL TURPITUDE - WHETHER THE EMPLOYEE'S TERMINATION SHOCKED THE CONSCIENCE; Supreme Court, Erie County, among other things, granted the CPLR article 78 petition, vacated and annulled the resolution terminating petitioner's employment and directed respondent to reinstate petitioner; App. Div. affirmed.

O'BRIEN, MATTER OF v DiNAPOLI (116 AD3d 1124):
3rd Dept. App. Div. judgment of 4/3/14; confirmation of determination; leave to appeal granted by Court of Appeals, 7/1/14; CIVIL SERVICE - RETIREMENT AND PENSION BENEFITS - DISABILITY RETIREMENT - WHETHER AN APPLICATION FOR DISABILITY RETIREMENT BENEFITS IS TIMELY FILED IF IT IS RECEIVED BY THE RETIREMENT SYSTEM VIA FAX ON THE DATE OF, BUT MINUTES AFTER, THE RETIREMENT SYSTEM MEMBER'S DEATH - RETIREMENT AND SOCIAL SECURITY LAW § 363-b--2 NYCRR 366.2; App. Div. confirmed respondent Comptroller's determination denying petitioner's application for disability retirement benefits as untimely filed, and dismissed the CPLR article 78 petition.

PIN (MATTHEW), PEOPLE v (41 Misc 3d 128[A]):
1st Dept. App. Term of 10/15/13; affirmance; leave to appeal granted by Lippman, Ch. J., 6/5/14; CRIMES - INFORMATION - CHALLENGE TO SUFFICIENCY - LARCENY - SUFFICIENCY OF ALLEGATIONS THAT DEFENDANT IMPROPERLY USED A KEY THAT DID NOT BELONG TO HIM TO LET TWO UNDERCOVER POLICE OFFICERS (AND HIMSELF) INTO THE SUBWAY THROUGH AN EMERGENCY EXIT GATE IN EXCHANGE FOR MONEY - PEOPLE v HIGHTOWER (18 NY3d 249 [2011]); THEFT OF SERVICES - SUFFICIENCY OF ALLEGATIONS BASED ON THE SWORN STATEMENT OF A TRANSIT POLICE OFFICER THAT HE OBSERVED DEFENDANT ENTER THE SUBWAY "BEYOND THE TURNSTILES" AND WITHOUT "PAYING THE REQUIRED FARE" BY "WALKING THROUGH AN EXIT GATE"; Criminal Court of the City of New York, New York County, in two judgments, convicted defendant, upon his plea of guilty, of petit larceny and theft of services and sentenced him, as a youthful offender, to a concurrent jail term of 15 days; App. Term affirmed.

REMET CORPORATION v ESTATE OF PYNE (112 AD3d 1313):
4th Dept. App. Div. order of 12/27/13; reversal; leave to appeal granted by Court of Appeals, 6/30/14; INDEMNITY - CONTRACTUAL INDEMNIFICATION - ENVIRONMENTAL REMEDIATION COSTS - NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (DEC) LETTER IDENTIFYING PLAINTIFF AS A POTENTIALLY RESPONSIBLE PARTY, REQUESTING PLAINTIFF TO DEVELOP, IMPLEMENT AND FINANCE A REMEDIAL PROGRAM FOR HAZARDOUS WASTE SITE, AND STATING THAT, IF PLAINTIFF DID NOT ACT, DEC WOULD PERFORM THE REMEDIATION AND SEEK RECOVERY FROM PLAINTIFF - WHETHER THE APPELLATE DIVISION CORRECTLY HELD THAT DEC'S LETTER DID NOT REQUIRE PLAINTIFF TO TAKE ACTION, AND THUS, THAT PLAINTIFF WAS NOT ENTITLED TO INDEMNIFICATION PURSUANT TO AN AGREEMENT RESULTING FROM ACTIONS THAT PLAINTIFF "IS REQUIRED TO TAKE UNDER OR IN CONNECTION WITH ANY ENVIRONMENTAL LAW OR ENVIRONMENTAL PERMIT"; Supreme Court, Oneida County, granted that part of plaintiff's motion for summary judgment on the issue of liability and declaring plaintiff is entitled to indemnification for environmental losses; App. Div. reversed, denied plaintiff's motion in its entirety and, upon searching the record, granted judgment in favor of defendants declaring that plaintiff is not entitled to indemnification from defendants.

DELROY S., MATTER OF (113 AD3d 448):
1st Dept. App. Div. order of 1/14/14; modification; leave to appeal granted by Court of Appeals, 7/1/14; INFANTS - JUVENILE DELINQUENTS - WHETHER, IN LIGHT OF THE APPELLATE DIVISION HOLDING THAT 11-YEAR OLD GAVE INCULPATORY STATEMENT WHILE SUBJECTED TO CUSTODIAL INTERROGATION WITHOUT THE BENEFIT OF MIRANDA WARNINGS, THE APPELLATE DIVISION PROPERLY DETERMINED THAT FAMILY COURT'S ERROR IN FAILING TO SUPPRESS THE STATEMENT WAS HARMLESS BEYOND A REASONABLE DOUBT; JUSTIFICATION DEFENSE; Family Court, Bronx County, adjudicated appellate a juvenile delinquent upon a fact-finding determination that he committed acts, which, if committed by an adult, would constitute the crimes of assault in the second degree, criminal possession of a weapon in the fourth degree, petit larceny and criminal possession of stolen property in the fifth degree, and placed him on probation for a period of 18 months; App. Div. modified to the extent of vacating the findings as to petit larceny and criminal possession of stolen property and dismissing those counts of the petition.

TEXEIRA, MATTER OF v FISCHER (115 AD3d 1137):
3rd Dept. App. Div. order of 3/27/14; affirmance; leave to appeal granted by Court of Appeals, 7/1/14; PRISONS AND PRISONERS - DISCIPLINE OF INMATES - VIOLATION OF A PRISONER'S RIGHT TO CALL A WITNESS AT A DISCIPLINARY HEARING - WHETHER THE PROPER REMEDY FOR SUCH A VIOLATION IS EXPUNGEMENT OR REMITTAL FOR A NEW HEARING; Supreme Court, Clinton County, granted petitioner's CPLR article 78 petition to the extent of annulling respondent's determination finding petitioner guilty of violating certain prison disciplinary rules, and remitting the matter to respondent for a new hearing; App. Div. affirmed.

For July 18, 2014 through July 24, 2014, the following preliminary appeal statements were filed:

AVALON GARDENS REHABILITATION AND HEALTH CARE CENTER, LLC, MATTER OF (COMMISSIONER OF LABOR) (118 AD3d 1085):
3rd Dept. App. Div. order of 6/5/14; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right or whether any other basis exits to support an appeal as of right; UNEMPLOYMENT INSURANCE - CONTRIBUTIONS - WHETHER THE APPELLATE DIVISION CORRECTLY AFFIRMED DECISIONS BY THE UNEMPLOYMENT INSURANCE APPEAL BOARD, WHICH DETERMINED THAT FACILITIES WERE LIABLE FOR UNEMPLOYMENT INSURANCE CONTRIBUTIONS FOR THE THIRD AND FOURTH QUARTERS OF 2006 BASED ON REMUNERATION PAID TO ALL EMPLOYEES AS NEW EMPLOYEES EFFECTIVE JULY 1, 2006; App. Div. affirmed 20 decisions of the Unemployment Insurance Appeal Board, filed November 15, 2012, which ruled that Avalon Gardens Rehabilitation and Health Center, LLC and others were liable for certain unemployment insurance contributions.

BARKSDALE (ANTHONY), PEOPLE v (110 AD3d 498):
1st Dept. App. Div. order of 10/15/13; affirmance; leave to appeal granted by Read, J., 7/8/14; CRIMES - ARREST - PROBABLE CAUSE - WHETHER THE POLICE HAD AN OBJECTIVE CREDIBLE REASON UNDER STEP ONE OF THE DE BOUR INQUIRY TO APPROACH DEFENDANT AND ASK HIM TO EXPLAIN HIS PRESENCE IN THE LOBBY OF AN APARTMENT BASED UPON THE REPUTATION OF THE AREA AND THE FACT THAT THE BUILDING WAS SO PRONE TO TRESPASSING THAT THE LANDLORD HAD EXECUTED A "TRESPASS AFFIDAVIT" REQUESTING POLICE ASSISTANCE IN REMOVING INTRUDERS FROM THE BUILDING; Supreme Court, New York County, convicted defendant of three counts of criminal possession of a weapon in the third degree, and sentenced him, as a second felony offender, to concurrent terms of two to four years; App. Div. affirmed.

BARNES (THOMAS), PEOPLE v (40 Misc 3d 133[A]):
App. Term, 1st Dept. order of 7/31/13; affirmance; leave to appeal granted by Read, J., 7/8/14; CRIMES - TRESPASSING - WHETHER AN INDIVIDUAL MAY BE PROSECUTED FOR SECOND-DEGREE CRIMINAL TRESPASS IN A PUBLIC HOUSING APARTMENT BUILDING, OR IF SUCH CONDUCT CAN ONLY BE PROSECUTED AS THIRD-DEGREE CRIMINAL TRESPASS; PENAL LAW §§ 140.10(e) AND (f), 140.15(1); Criminal Court of the City of New York, New York County, convicted defendant, upon a guilty plea, of criminal trespass in the second degree, and imposed sentence; App. Term affirmed.

DELEON v NEW YORK CITY SANITATION DEPARTMENT (116 AD3d 404):
1st Dept. App. Div. order of 4/1/14; modification; leave to appeal granted by App. Div., 7/10/14; MOTOR VEHICLES - COLLISION - STREET-SWEEPING VEHICLE NOT HAZARD VEHICLE FOR PURPOSES OF RECKLESS DISREGARD STANDARD - PROXIMATE CAUSE; Supreme Court, Bronx County, denied plaintiff's motion for summary judgment on the issue of liability and granted defendants' motion for summary judgment dismissing the complaint; App. Div. modified to deny defendants' motion and otherwise affirmed.

GOLO (ALLY), PEOPLE v (109 AD3d 623):
2nd Dept. App. Div. order of 8/21/13; affirmance; leave to appeal granted by Read, J., 7/8/14; CRIMES - SENTENCE - DRUG LAW REFORM ACT OF 2009 - RESENTENCING DENIED BASED ON SUBSTANTIAL JUSTICE - WHETHER TRIAL COURT HAS AUTHORITY TO DENY A MOTION FOR RESENTENCING WITHOUT HOLDING A HEARING; Supreme Court, Queens County, denied, without a hearing, defendant's motion to be resentenced pursuant to CPL 440.60 upon his conviction of criminal sale of a controlled substance in the third degree, which sentence was originally imposed, upon his plea of guilty, on June 7, 2004; App. Div. affirmed.

HARRIS (DUPREE), PEOPLE v (117 AD3d 847):
2nd Dept. App. Div. order of 5/14/14; affirmance; leave to appeal granted by Miller, J., 7/8/14; CRIMES - PROOF OF OTHER CRIMES - IN CASE WHERE DEFENDANT WAS CHARGED WITH BRIBING AND TAMPERING WITH THREE WITNESSES TO A HOMICIDE, WHETHER THE TRIAL COURT ERRED IN ADMITTING EVIDENCE THAT A DIFFERENT WITNESS TO THE HOMICIDE WAS MURDERED SHORTLY BEFORE THE HOMICIDE TRIAL AND THAT DEFENDANT HAD SOUGHT TO CONTACT HIM; Supreme Court, Kings County, convicted defendant, after a jury trial, of three counts of bribing a witness, and imposed sentence; App. Div. affirmed.

HAWKINS, MATTER OF v BERLIN (118 AD3d 496):
1st Dept. App. Div. order of 6/12/14; affirmance with a two-Justice dissent; sua sponte examination whether the two-Justice dissent at the Appellate Division is on a question of law; SOCIAL SERVICES - PUBLIC ASSISTANCE - WHETHER PETITIONER IS ENTITLED TO DISTRIBUTION OF CHILD SUPPORT ARREARS COLLECTED BY RESPONDENTS TO REIMBURSE PUBLIC ASSISTANCE PROVIDED BY PETITIONER'S HOUSEHOLD DURING A PERIOD WHEN THE CHILD SUPPORT BENEFICIARY WAS NOT PART OF THE HOUSEHOLD; SOCIAL SERVICES LAW § 158(5); WHETHER RESPONDENTS' DETERMINATIONS WERE ARBITRARY AND CAPRICIOUS; Supreme Court, New York County, denied the CPLR article 78 petition seeking, among other things, to annul respondents' determination that petitioner is not entitled to distribution of certain child support payments collected by respondents, and dismissed the proceeding; App. Div. affirmed.

JURGINS (MARK), PEOPLE v (107 AD3d 595):
1st Dept. App. Div. order of 6/25/13; affirmance and modification; leave to appeal granted by Rivera, J., 6/24/14; CRIMES - SENTENCE - SECOND FELONY OFFENDER - EQUIVALENCY OF FOREIGN FELONY CONVICTION - WHETHER A DEFENDANT CAN RAISE A CHALLENGE TO THE EQUIVALENCY OF A FOREIGN FELONY CONVICTION FOR THE FIRST TIME IN A CPL 440.20 MOTION - EQUIVALENCY OF PRIOR WASHINGTON, D.C. CONVICTION FOR ROBBERY UNDER A STATUTE THAT DEFINES ROBBERY TO INCLUDE "STEALTHY SEIZURE OR SNATCHING"; Supreme Court, Bronx County, convicted defendant, upon his guilty plea, of robbery in the first degree, and sentenced him, as a second felony offender, to a term of 25 years; thereafter, the same court denied defendant's CPL 440.20 motion to set aside the sentence; App. Div. affirmed the order denying the CPL 440.20 motion and modified the judgment of conviction to the extent of reducing the sentence to a term of 15 years.

KING (URSELINA), PEOPLE v (110 AD3d 1005):
2nd Dept. App. Div. order of 10/23/13; affirmance; leave to appeal granted by Lippman, Ch. J., 6/27/14; CRIMES - JURORS - SELECTION OF JURY - WHETHER THE TRIAL COURT DISCHARGED POTENTIAL JURORS BASED UPON HARDSHIP WITHOUT CONDUCTING A SUFFICIENT INQUIRY - ALLEGED MODE OF PROCEEDINGS ERROR; EVIDENCE - THIRD-PARTY CULPABILITY - WHETHER THE TRIAL COURT PROPERLY PRECLUDED EVIDENCE OF THIRD- PARTY CULPABILITY AS SPECULATIVE, LACKING IN PROBATIVE VALUE, AND CONSTITUTING INADMISSIBLE HEARSAY; RIGHT TO COUNSEL - EFFECTIVE REPRESENTATION - FAILURE TO OBJECT TO ALLEGED PROSECUTORIAL MISCONDUCT DURING SUMMATION; Supreme Court, Kings County, convicted defendant of burglary in the first degree and assault in the second degree, upon a jury verdict, and imposed sentence; App. Div. affirmed.

LOVETT (CLEVELAND), PEOPLE v (116 AD3d 428):
1st Dept. App. Div. order of 4/3/14; modification; leave to appeal granted by Freedman, J., 6/19/14; Rule 500.11 review pending; CRIMES - SENTENCE - DENIAL OF MOTION FOR RESENTENCING UNDER DRUG LAW REFORM ACT OF 2004; ILLEGAL SENTENCE - AUTHORITY OF APPELLATE DIVISION TO REMIT TO SUPREME COURT FOR RESENTENCING ON RECKLESS ENDANGERMENT IN THE FIRST DEGREE; RIGHT TO COUNSEL - EFFECTIVE REPRESENTATION - FAILURE TO OBJECT TO JURY INSTRUCTIONS; Supreme Court, New York County, convicted defendant, after a jury trial, of criminal possession of a controlled substance in the first and third degrees and reckless endangerment in the first degree, and sentenced him to an aggregate term of 27 1/3 years to life; the same court denied defendants' CPL 440.10 motion to vacate the judgment upon the ground that his trial counsel was ineffective and later denied defendant's motion for resentencing pursuant to the Drug Law Reform Act of 2004; App. Div. (1) modified the judgment to the extent of vacating the sentence on the reckless endangerment count and remitting for resentencing pursuant to CPL 470.10, (2) affirmed the order denying defendant's CPL 440.10 motion and (3) affirmed the order denying resentencing.

McLEAN, MATTER OF v FISCHER (118 AD3d 1240):
3rd Dept. App. Div. judgment of 6/26/14; confirming a determination; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; PRISONS AND PRISONERS - DISCIPLINE OF INMATES - CHALLENGE TO APPELLATE DIVISION JUDGMENT CONFIRMING DETERMINATION FINDING PETITIONER GUILTY OF VIOLATING CERTAIN PRISON DISCIPLINARY RULES; App. Div. confirmed respondent's determination finding petitioner in this CPLR article 78 proceeding guilty of violating certain prior disciplinary rules.

McLEAN, MATTER OF v NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION:
Supreme Court, Albany County judgment of 6/25/14; dismissal of CPLR article 78 petition; sua sponte examination whether the Supreme Court judgment satisfies the requirements for a direct appeal as of right under CPLR 5601 (b)(2); PRISONS AND PRISONERS - DISCIPLINE OF INMATES - GRIEVANCE PROCEDURES - CHALLENGE TO INMATE RULE 103.20 (7 NYCRR 270.2 [B][4][ii]), WHICH PROHIBITS INMATES FROM REQUESTING OR SOLICITING GOODS OR SERVICES FROM A BUSINESS OR ANY PERSON OTHER THAN IMMEDIATE FAMILY MEMBERS WITHOUT THE CONSENT AND APPROVAL OF THE FACILITY SUPERINTENDENT OR DESIGNEE; Supreme Court, Albany County dismissed a CPLR article 78 petition challenging a determination denying his inmate grievance.

OLMOSPEREZ, MATTER OF v EVANS (114 AD3d 1077):
3rd Dept. App. Div. order of 2/20/14; affirmance; leave to appeal granted by Court of Appeals, 6/30/14; Rule 500.11 review pending; PAROLE - DENIAL - CPLR ARTICLE 78 PROCEEDING TO REVIEW DETERMINATION OF BOARD OF PAROLE DENYING PETITIONER PAROLE RELEASE - FAILURE OF PAROLE BOARD TO ISSUE AND PROMULGATE WRITTEN GUIDELINES PURSUANT TO EXECUTIVE LAW § 259-c(4) TO ASSESS RISKS AND NEEDS FOR PAROLE DECISIONS BEFORE DETERMINATION MADE IN THIS CASE; Supreme Court, Albany County, dismissed petitioner's CPLR article 78 application to review a determination of the Board of Parole denying petitioner's request for parole release; App. Div. affirmed.

SANS (MICHAEL), PEOPLE v (40 Misc 3d 141[A]):
App. Term, 2nd, 11th & 13th Judicial Districts order of 8/30/13; affirmance; leave to appeal granted by Read, J., 7/8/14; CRIMES - POSSESSION OF WEAPON - SUFFICIENCY OF ACCUSATORY INSTRUMENT - MISDEMEANOR COMPLAINT CHARGING CRIMINAL POSSESSION OF A WEAPON IN THE FOURTH DEGREE BASED UPON DEFENDANT'S POSSESSION OF A GRAVITY KNIFE - PEOPLE v DREYDEN (15 NY3d 100 [2010]); Criminal Court of the City of New York, Kings County, convicted defendant, upon his guilty plea, of criminal possession of a weapon in the fourth degree; App. Term affirmed.