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For July 28, 2017 through August 3, 2017, the following preliminary appeal statements were filed:

FRELIGH v GOVERNMENT EMPLOYEES INSURANCE COMPANY (152 AD3d 1145):
3rd Dept. App. Div. order of 7/27/17; reversal with dissents; Rule 500.11 review pending; Insurance--No-Fault Automobile Insurance--whether plaintiff's claim for projected future earnings as an employee of an automobile parts business was speculative; Insurance Law § 5102; whether summary judgment was proper; Supreme Court, Ulster County, denied defendant's motion for summary judgment dismissing the complaint; App. Div. reversed, granted the motion, and dismissed the complaint.

KIRTON, MATTER OF v ANNUCCI (149 AD3d 1370):
3rd Dept. App. Div. order of 4/20/17; modification; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right and whether any other basis exists to support an appeal as of right; Prisons and Prisoners--Discipline of Inmates--Whether substantial evidence supports the determination of guilt with respect to charges remaining after Appellate Division modification; claimed due process violation--prisoner's ability to present witnesses; Supreme Court, Albany County, transferred the proceeding to the App. Div.; App. Div. modified by annulling so much of respondent's determination as found petitioner guilty of violating mess hall procedures; granted the petition to that extent; and directed respondent to expunge all references to this charge from petitioner's institutional record; and, as so modified, confirmed.

LEADINGAGE NEW YORK, INC., MATTER OF v SHAH (153 AD3d 10):
3rd Dept. App. Div. order of 6/22/17; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Proceeding Against Body or Officer--Certiorari--CPLR article 78 proceedings challenging executive order and regulations imposing limits on administrative costs and executive compensation of health care providers that receive State financial assistance--Executive Order No. 39 and 10 NYCRR part 1002; claimed unconstitutionality of compensation cap as violative of separation of powers doctrine under New York State Constitution; whether Department of Health regulations at issue are arbitrary and capricious; Supreme Court, Albany County, partially dismissed petitioners' applications, in two combined proceedings, to declare invalid certain regulations promulgated by respondent Department of Health; App. Div. affirmed.

TCR SPORTS BROADCASTING HOLDING, LLP, MATTER OF v WN PARTNER, LLC (— AD3d —, 2017 NY Slip Op 05689):
1st Dept. App. Div. order of 7/13/17; affirmance and modification with dissents; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution; Arbitration--Agreement to Arbitrate--Forum-- whether courts have the power, after vacating an arbitral award based on "evident partiality" related to the forum, to order rehearing in a forum other than that provided for in the parties' arbitration agreement; Supreme Court, New York County, (11/4/15) among other things, denied respondent Washington Nationals' (Nationals') motion to confirm an arbitration award issued 6/30/14 by Major League Baseball's Revenue Sharing Definitions Committee, granted the part of petitioner's motion seeking to vacate the award, and denied the part of petitioner's motion seeking to direct that a second arbitration proceed before an impartial panel unaffiliated with Major League Baseball; and, thereafter (7/11/16), denied the Nationals' motion to compel the parties to re-arbitrate the claim before the Revenue Sharing Definitions Committee, and granted petitioner's cross motion to stay the parties from compelling or conducting another arbitration of the dispute until the final determination of the appeals from the 11/4/15 order; App. Div. affirmed the 11/4/15 order, and modified the 7/11/16 order to grant the Nationals' motion to compel the parties to re-arbitrate the claim before the Revenue Sharing Definitions Committee.

For August 4, 2017 through August 10, 2017, the following preliminary appeal statements were filed:

CAFFERTY v COUNTY OF BROOME (151 AD3d 1512):
3rd Dept. App. Div. order of 6/29/17; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Dismissal and Nonsuit--Dismissal of Complaint--Tax Foreclosure-- action to challenge judgment of foreclosure--statute of limitations--res judicata; Supreme Court, Broome County, granted defendants' motion to dismiss the complaint; thereafter, upon reargument, adhered to its prior decision; App. Div. affirmed.

MENTAL HYGIENE LEGAL SERVICE, MATTER OF v SULLIVAN (— AD3d —, 2017 NY Slip Op 05656):
3rd Dept. App. Div. order of 7/13/17; affirmance with dissents; Rule 500.11 review pending; Mental Health--Patient in Custody of Commissioner of Mental Health-- Treatment planning meetings--whether person confined after having been adjudicated a dangerous sex offender is statutorily entitled to have his Mental Hygiene Legal Service counsel present at his treatment planning meetings--construction of Mental Hygiene Law § 29.13 (b)--"person otherwise concerned with the welfare of the patient"; Supreme Court, St. Lawrence County, dismissed the petition in a proceeding pursuant to CPLR article 78, to review a determination of the St. Lawrence Psychiatric Center finding that petitioner Mental Hygiene Legal Service was not statutorily entitled to be present at petitioner D.J.'s treatment planning meetings; App. Div. affirmed.

ROMAIN v O'CONNOR (2017 NY Slip Op 72772[U]): ( 2017 NY Slip Op 77161[U]): ( 2017 NY Slip Op 78044[U]):
3rd Dept. App. Div. orders 4/28/17 and 6/15/17; denial of motions; sua sponte examination of whether the orders finally determine the action within the meaning of the Constitution and whether any other basis exists for an appeal as of right or any other jurisdictional basis exists to support an appeal taken as of right; Appeals--Appellate Division-Denial of relief sought concerning dismissal of action concerning plaintiff's nursing duties and nursing license; claimed due process violations; Supreme Court, Ulster County, granted motions of defendants Greenfield, Pichi, Iapoce, Jelacic, Bottigliero, McNelis, Robinson, Randzin and Sangi to dismiss the complaint as against them (11/2/15 order); thereafter, dismissed action as against defendants Greefield, Pichi, Iapoce, Jelacic, Bottigliero, McNelis, Robinson, Randzin and Sangi (2/1/16 order); thereafter, dismissed action as against defendant Cavell (3/29/16 order); thereafter, dismissed action as against defendant Charuk (4/5/16 order); thereafter, dismissed action as against defendants O'Connor and Pressman (4/14/16 order); and, thereafter, dismissed action as against defendant Travis Davis (5/27/16 order); App. Div., in six consolidated appeals, denied appellant's motion for judgment and other relief (4/28/17 order); and, thereafter, denied appellant's motion for reconsideration and other relief (6/15/17 order).