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For July 15, 2016 through July 21, 2016, the following preliminary appeal statements were filed:

BETHUNE v MTA/LONG ISLAND BUS (2016 NY Slip Op 78374[U]):
2nd Dept. App. Div. order of 6/30/16; dismissal; sua sponte examination (1) whether the June 30, 2016 Appellate Division order and March 2, 2016 Supreme Court order finally determine the action within the meaning of the Constitution; (2) whether, insofar as taken from the June 30, 2016 Appellate Division order, any jurisdictional basis exists to support the appeal taken as of right; and (3) whether a direct appeal lies to this Court from the April 22, 2016 judgment and March 2, 2016 Supreme Court order pursuant to CPLR 5601(b)(2); APPEAL - ORDERS - DISMISSAL OF APPEAL FROM ORDER ON THE GROUND THAT THE RIGHT OF DIRECT APPEAL THEREFROM TERMINATED UPON ENTRY OF THE FINAL JUDGMENT; DIRECT APPEAL FROM SUPREME COURT ORDER DENYING MOTION TO VACATE JURY VERDICT AND FROM JUDGMENT ENTERED ON THE VERDICT; Supreme Court, Nassau County, denied plaintiff's "untimely motion for an order vacating the determination of the jury in favor of the defendant"; thereafter, Supreme Court entered judgment in favor of defendant MTA/Long Island Bus and dismissed the complaint against that defendant with prejudice; App. Div. dismissed the appeal from the Supreme Court order entered 3/2/16, on the ground that the right of direct appeal therefrom terminated upon entry of the final judgment on 4/22/16.

BROOKS (NICHOLAS), PEOPLE v (134 AD3d 574):
1st Dept. App. Div. order of 12/22/15; affirmance; leave to appeal granted by Pigott, J., 7/1/16; CRIMES - EVIDENCE - EXPERT WITNESS - WHETHER THE TRIAL COURT ERRED IN (1) ALLOWING AN EXTENDED FRYE HEARING REQUESTED BY THE PEOPLE TO CHALLENGE DEFENDANT'S EXPERT WITNESS, AND IN DENYING DEFENDANT'S MOTION FOR A FRYE HEARING REGARDING THE MEDICAL EXAMINER INTENDED TO BE PRESENTED BY THE PEOPLE, (2) LIMITING THE TESTIMONY OF DEFENDANT'S EXPERT, INCLUDING THAT REGARDING CERTAIN DRUGS AND TOXICOLOGY, (3) ALLOWING THE CLAIMED HEARSAY TESTIMONY OF 11 OF DECEDENT'S FRIENDS TO SHOW THE VICTIM'S UNFAVORABLE PERCEPTION OF DEFENDANT'S CHARACTER, AND (4) DENYING DEFENDANT'S MOTION TO SET ASIDE THE VERDICT BASED ON JUROR MISCONDUCT; Supreme Court, New York County, convicted defendant, upon a jury verdict, of murder in the second degree, and sentenced him to a term of 25 years to life; App. Div. affirmed.

MIZRAHI-SROUR v SROUR (138 AD3d 801):
2nd Dept. App. Div. order of 4/13/16; 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 - JUDGMENT OF DIVORCE - VARIOUS ALLEGED IMPROPRIETIES OF TRIAL COURT AND LAW GUARDIAN; Supreme Court, Kings County, awarded plaintiff wife sole custody of the parties' children, with limited visitation to defendant husband, awarded plaintiff maintenance and support arrears, distributed 70% of the marital assets to plaintiff, and awarded plaintiff counsel fees; App. Div. affirmed.

NAZARIO v 222 BROADWAY, LLC (135 AD3d 506):
1st Dept. App. Div. order of 1/14/16; modification; leave to appeal granted by App. Div., 6/16/16; Rule 500.11 review pending; NEGLIGENCE - PLAINTIFF INJURED WHEN HE AND LADDER UPON WHICH HE WAS STANDING FELL AFTER PLAINTIFF RECEIVED ELECTRICAL SHOCK - WHETHER APPELLATE DIVISION ERRED IN GRANTING PLAINTIFF'S LABOR LAW § 240(1) CLAIM; PARTIAL SUMMARY JUDGMENT; LIABILITY OF PARTIES FOR CONTRACTUAL INDEMNIFICATION AGAINST THIRD-PARTY DEFENDANT KNIGHT ELECTRICAL SERVICES CORP.; Supreme Court, New York County, denied plaintiff's motion for partial summary judgment on his Labor Law §§ 240(1) and 241(6) claims, and upon a search of the record, dismissed those claims, and granted defendants' motions for summary judgment on their contractual indemnification claims against third- party defendant; App. Div. modified to reinstate the Labor Law § 240(1) claim and grant plaintiff's motion for partial summary judgment on that claim, and to deny defendant 222 Broadway, LLC's motion for summary judgment on its contractual indemnification claim, and otherwise affirmed.

WOODS, MATTER OF v STATE UNIVERSITY OF NEW YORK (139 AD3d 1322):
3rd Dept. App. Div. order of 5/26/16; reversal with two-Justice dissent; Rule 500.11 review pending; ARBITRATION - COMPULSORY ARBITRATION - WHETHER PETITIONER HAD THE RIGHT UNDER THE APPLICABLE COLLECTIVE BARGAINING AGREEMENT TO ARBITRATE COLLEGE'S TERMINATION OF HIS EMPLOYMENT, WHERE HE WAS A PROBATIONARY EMPLOYEE AT THE TIME BASED UPON A PRIOR ARBITRATION AWARD; WHETHER THE COLLEGE HAD A RATIONAL BASIS FOR TERMINATING PETITIONER'S EMPLOYMENT; Supreme Court, Albany County, in a proceeding seeking to compel arbitration, among other things, converted the proceeding to one seeking to confirm an October 2013 arbitration award pursuant to CPLR 7511 and directed the parties to seek clarification of the award; App. Div. reversed and granted the petition to compel arbitration.

PEOPLE OF THE STATE OF NEW YORK ex rel. YONAMINE v CONNOLLY (140 AD3d 1098):
2nd Dept. App. Div. order of 6/22/16; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; HABEAS CORPUS - WHEN REMEDY APPROPRIATE - WHETHER THE APPELLATE DIVISION CORRECTLY REJECTED RELATOR'S CLAIMS BASED UPON AN ALLEGED O'RAMA ERROR (see PEOPLE v O'RAMA, 78 NY2d 270) AND AN ALLEGED DEPRIVATION OF HIS RIGHT TO BE PRESENT AT ALL MATERIAL STAGES OF THE PROCEEDINGS; Supreme Court, Dutchess County, in a proceeding pursuant to CPLR article 70 for a writ of habeas corpus, denied the petition and dismissed the proceeding, without a hearing; App. Div. affirmed.

For July 22, 2016 through July 28, 2016, the following preliminary appeal statements were filed:

ADVANCED THERAPY, MATTER OF v NEW YORK STATE DEPARTMENT OF EDUCATION (140 AD3d 1367):
3rd Dept. App. Div. order of 6/9/16; reversal; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; SCHOOLS - EDUCATION OF CHILDREN WITH DISABILITIES - WHETHER THE APPELLATE DIVISION ERRED IN HOLDING THAT EDUCATION DEPARTMENT'S DETERMINATION FINDING NO REGIONAL NEED FOR PETITIONER'S PRESCHOOL EDUCATION PROGRAM WAS BASED UPON A RATIONAL INTERPRETATION OF EDUCATION DEPARTMENT REGULATIONS (9 NYCRR 200.7[a][2]; 200.20[a]); WHETHER EDUCATIONAL LAW § 4410 IS UNCONSTITUTIONALLY VAGUE, OR THE CHALLENGED DETERMINATION VIOLATED GENERAL BUSINESS LAW § 308 OR PETITIONER'S RIGHT OF FREEDOM TO CONTRACT; Supreme Court, Albany County, granted petitioner's application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent finding there was no regional need for petitioner's preschool special education program; App. Div. reversed, confirmed the determination and dismissed the petition.

ARJUNE (MARIO), PEOPLE v (138 AD3d 877):
2nd Dept. App. Div. order of 4/13/16; denial of writ of error coram nobis; leave to appeal granted by Fahey, J., 7/13/16; CRIMES - APPEAL - DENIAL OF APPLICATION FOR A WRIT OF ERROR CORAM NOBIS SEEKING TO REINSTATE AN APPEAL ON THE GROUND OF INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL, WHERE THE NOTICE OF APPEAL WAS TIMELY FILED BUT THE APPEAL WAS DISMISSED FOR FAILURE TO TIMELY PERFECT - WHETHER THE APPELLATE DIVISION ERRED IN HOLDING THAT DEFENDANT "HAS NOT ESTABLISHED HIS ENTITLEMENT TO THE RELIEF REQUESTED (see PEOPLE v SYVILLE,(15 NY3d 391)"; App. Div. denied defendant's application for a writ of error coram nobis on appeal from a Supreme Court, Queens County, judgment of conviction, rendered 11/12/09, to reinstate an appeal on the ground of ineffective assistance of trial counsel, where the notice of appeal was timely filed but the appeal was dismissed by decision and order on motion of the Appellate Division dated 12/9/13, for failure to timely perfect.

BONIE (NASEAN), PEOPLE v (141 AD3d 401):
1st Dept. App. Div. order of 7/5/16; modification; sua sponte examination whether the conclusion of the criminal trial renders the appeal moot, whether a civil appeal lies from the Appellate Division order appealed from and whether a substantial constitutional question is directly involved to support the appeal taken as of right; SHIELD LAW - ARTICLE I, SECTION 8 OF THE NEW YORK CONSTITUTION - QUALIFIED PRIVILEGE FOR UNPUBLISHED NONCONFIDENTIAL NEWS - WHETHER THE APPELLATE DIVISION ERRED IN HOLDING THAT THE PEOPLE MADE THE "CLEAR AND SPECIFIC SHOWING" REQUIRED TO OVERCOME NEWS ORGANIZATION'S QUALIFIED PRIVILEGE AS TO CERTAIN PORTIONS OF UNAIRED VIDEO FOOTAGE OF AN INTERVIEW WITH DEFENDANT; Supreme Court, Bronx County, granted the People's motion to compel nonparty Dina Sforza, a representative of News 12 The Bronx, L.L.C., to comply with a subpoena, to the extent of directing an in camera review of unpublished video footage of the News 12 reporter's interview of defendant, and denied News 12's cross motion to, inter alia, quash the subpoena; App. Div. modified to the extent of directing the trial judge to disclose to the People after in camera review only those portions of the video footage in which defendant makes any statement concerning killing the victim, or discusses their relationship and his impressions and observations of her, including her conduct as a tenant, and otherwise affirmed.

BRUCKNER REALTY, LLC, MATTER OF v CRUZ (139 AD3d 413):
1st Dept. App. Div. order of 5/3/16; affirmance; leave to appeal granted by App. Div., 7/14/16; Rule 500.11 review pending; LANDLORD AND TENANT - RENT REGULATION - WHETHER LANDLORD ESTABLISHED AS A MATTER OF LAW THAT THE GARAGE SPACE WAS NOT A REQUIRED ANCILLARY SERVICE UNDER RENT STABILIZATION; Civil Court, Bronx County, granted petitioner landlord's motion to dismiss respondent tenant's defenses and for summary judgment of possession of a garage space in a holdover summary proceeding; App. Term modified to deny the parts of petitioner's summary judgment motion that sought to dismiss respondent's second and third "affirmative defenses" and first and second "defenses" and for summary judgment of possession; App. Div. affirmed.

DAVIS v SCOTTISH RE GROUP LIMITED (138 AD3d 230):
1st Dept. App. Div. order of 3/10/16; modification with a two-Justice dissent; leave to appeal granted by App. Div., 7/7/16; CORPORATIONS - MERGER - ACTION BY MINORITY SHAREHOLDER ASSERTING BOTH DIRECT AND DERIVATIVE CAUSES OF ACTION ARISING OUT OF ALLEGEDLY UNDERVALUED CASH- OUT MERGER THAT UNFAIRLY PREJUDICED MINORITY SHAREHOLDERS; STANDING; CHOICE OF LAW; JURISDICTION; DISMISSAL OF CERTAIN CAUSES OF ACTION; Supreme Court, New York County, among other things, granted defendants' motions to dismiss the fourth, sixth, seventh, ninth and tenth causes of action for lack of standing, and to dismiss the complaint as against Benton Street Partners for lack of jurisdiction; App. Div. modified to allow plaintiff to replead, as limited in the court's decision, the fourth and sixth causes of action, and otherwise affirmed.

EDWARD (ALBERT), PEOPLE v (51 Misc 3d 36):
App. Term, 1st Dept. order of 3/22/16; affirmance; leave to appeal granted by DiFiore, Ch.J., 7/13/16; CRIMES - POSSESSION OF WEAPON - SUFFICIENCY OF ACCUSATORY INSTRUMENT - WHETHER FACTUAL ALLEGATIONS WERE SUFFICIENT TO SUPPORT CHARGE OF CRIMINAL POSSESSION OF A WEAPON IN THE FOURTH DEGREE, WHERE DEFENDANT WAS ARRESTED FOR TRESPASSING IN THE LOBBY OF A HOUSING AUTHORITY BUILDING AND THE ACCUSATORY INSTRUMENT ALLEGED THAT, UPON HIS ARREST, THE POLICE RECOVERED "A BOX CUTTER FROM THE DEFENDANT AND DEFENDANT STATED IN SUBSTANCE, I USE IT ON THE TRAIN FOR PROTECTION" - POSSESSION OF "DANGEROUS KNIFE" OR A "DANGEROUS OR DEADLY INSTRUMENT OR WEAPON" WITH INTENT TO USE IT "UNLAWFULLY AGAINST ANOTHER" (PENAL LAW § 265.01[2]); Criminal Court of the City of New York, New York County, convicted defendant, upon his guilty plea, of criminal possession of a weapon in the fourth degree; App. Term affirmed.

TAYLOR, PEOPLE ex rel. v DOLCE (140 AD3d 1716):
4th Dept. App. Div. order of 6/10/16; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; HABEAS CORPUS - WHEN REMEDY AVAILABLE - WHETHER HABEAS CORPUS LIES WHERE CHALLENGED ERRORS WERE OR COULD HAVE BEEN RAISED ON DIRECT APPEAL OR POST-JUDGMENT MOTION; Supreme Court, Orleans County, dismissed the petition for a writ of habeas corpus; App. Div. affirmed.

WANG v LSUC (2016 NY Slip Op 79492 137 AD3d 520):
1st Dept. App. Div. orders of 3/10/16 and 7/14/16; affirmance and denial of reargument or leave to appeal to the Court of Appeals; 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; COURTS - JURISDICTION - LONG-ARM JURISDICTION - WHETHER THE COURTS BELOW PROPERLY HELD THAT PLAINTIFF FAILED TO SHOW DEFENDANTS TRANSACTED SIGNIFICANT BUSINESS IN NEW YORK OR ANY IN-STATE CONNECTION TO HIS CLAIMS; CRIMES - CONSPIRACY - WHETHER THE COURTS BELOW CORRECTLY CONCLUDED THAT PLAINTIFF FAILED TO DEMONSTRATE THAT DEFENDANTS WERE SUBJECT TO CONSPIRACY JURISDICTION; Supreme Court, New York County, granted defendants' motions to dismiss the complaint, with prejudice, for lack of jurisdiction; App. Div. affirmed, and thereafter, denied plaintiff's motions for reargument or leave to appeal.