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For July 21, 2017 through July 27, 2017, the following preliminary appeal statements
were filed:
GARCIA v GOVERNMENT EMPLOYEES INSURANCE COMPANY (151 AD3d 1020):
2nd Dept. App. Div. order of 6/28/17; reversal; Rule 500.11 review pending;
Insurance--Cancellation--Failure to Pay Premium--whether questions of fact exist
regarding divisibility of umbrella insurance policy, thereby precluding summary
judgment; whether insurance policy is ambiguous; Supreme Court, Nassau County,
denied defendant's motion for summary judgment dismissing the complaint; App. Div.
reversed and granted defendant's motion for summary judgment dismissing the complaint.
ROCKTASCHEL (KEVIN), PEOPLE v (151 AD3d 1650):
4th Dept. App. Div. order of 6/9/17; affirmance; sua sponte examination whether
the order appealed from finally determines an action or proceeding within the meaning of
the Constitution and whether a substantial constitutional question is directly involved to
support an appeal as of right; Crimes--Sex Offenders--Sex Offender Registration Act--
whether sex offender failed to properly notify the New York State Attorney General of
his constitutional challenge to the Sex Offender Registration Act, as required under
Executive Law § 71; whether retroactive application of a 2006 amendment to the Sex
Offender Registration Act, which extended from 10 to 20 years the period of registration
required for level one sex offenders (see Correction Law § 168-h), violates due process;
County Court, Erie County, denied defendant's motion seeking to terminate his
registration requirement under the Sex Offender Registration Act; App. Div. affirmed.