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For July 5, 2013 through July 11, 2013, the following preliminary appeal statements were filed:

BOROWSKI v PTAK (107 AD3d 1498):
4th Dept. App. Div. order of 6/7/13; affirmance with a two-Justice dissent; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution; MOTOR VEHICLES - COLLISION - PLAINTIFF'S VEHICLE REAR-ENDED ONE DEFENDANT'S STOPPED VEHICLE - WHETHER THE APPELLATE DIVISION ERRED IN DETERMINING THAT ISSUES OF FACT PRECLUDED SUMMARY JUDGMENT IN DEFENDANT'S FAVOR BASED UPON THE COURT'S CONCLUSION THAT PLAINTIFF SUBMITTED EVIDENCE OF AN ADEQUATE, NON-NEGLIGENT EXPLANATION FOR THE COLLISION; Supreme Court, Erie County, denied defendant Jeremy J. Ptak's motion for summary judgment dismissing the complaint; App. Div. affirmed.

MARCUS CC., MATTER OF v ERICA BB. (107 AD3d 1243):
3rd Dept. App. Div. order of 6/20/13; affirmance with a two-Justice dissent; sua sponte examination whether the dissent at the Appellate Division is on a question of law and whether the order appealed from finally determines the proceeding within the meaning of the Constitution; PARENT AND CHILD - CUSTODY - GRANDMOTHER'S PETITION FOR CUSTODY - WHETHER THE GRANDMOTHER MET HER BURDEN OF ESTABLISHING EXTRAORDINARY CIRCUMSTANCES WHICH WOULD MAKE HER CLAIM OF CUSTODY SUPERIOR TO THAT OF THE CHILD'S BIOLOGICAL FATHER; Family Court, Sullivan County, among other things, granted petitioner's application, in proceeding No. 2 pursuant to Family Court Act article 6, for custody of the subject child; App. Div. affirmed.

CDR CREANCES S.A.S. v COHEN (104 AD3d 17):
1st Dept. App. Div. order of 12/27/12; affirmance; leave to appeal granted by Court of Appeals, 6/25/13; DISCLOSURE - PENALTY FOR FAILURE TO DISCLOSE - STRIKING ANSWER AS SANCTION FOR COMMITTING FRAUD ON COURT - STANDARD OF PROOF APPLICABLE TO DETERMINE WHETHER TO GRANT A MOTION TO STRIKE AN ANSWER AND ENTER A DEFAULT JUDGMENT BASED UPON DEFENDANTS' ALLEGED FRAUD UPON THE COURT - WHETHER FACTUAL DISPUTE ON THE ISSUE OF FRAUD IS TO BE RESOLVED BY THE COURT OR A JURY; DAMAGES - DEFENDANTS' ENTITLEMENT TO AN EVIDENTIARY HEARING; Supreme Court, New York County judgment awarded plaintiff the principal sum of $135,359,331.95, with $50,965,529.62 in prejudgment interest from July 12, 2007; App. Div. affirmed.

DUNBAR (JERMAINE), PEOPLE v (104 AD3d 198):
2nd Dept. App. Div. order of 1/30/13; reversal; leave to appeal granted by Smith, J., 5/20/13; CRIMES - CONFESSION - STATEMENTS MADE BY DEFENDANT DURING PRE-ARRAIGNMENT PROGRAM - WHETHER THE APPELLATE DIVISION ERRED IN CONCLUDING THAT A "PREAMBLE" GIVEN BY LAW ENFORCEMENT AUTHORITIES TO DEFENDANT BEFORE ARRAIGNMENT AND PRIOR TO THE RECITATION OF THE MIRANDA WARNINGS, VIOLATED DEFENDANT'S MIRANDA RIGHTS; Supreme Court, Queens County, convicted defendant of attempted robbery in the second degree and criminal mischief in the fourth degree, upon a jury verdict, and imposed sentence; App. Div. reversed, granted that branch of defendant's omnibus motion that was to suppress a videotaped statement made by him to law enforcement authorities, and ordered a new trial.

PEOPLE ex rel. DIXON v STATE OF NEW YORK (2013 NY Slip Op 76015[U]): ( 2013 NY Slip Op 74322[U]):
1st Dept. App. Div. orders of 6/6/13 and 5/21/13; sua sponte examination whether the June 6, 2013 order of the App. Div. finally determines the proceeding within the meaning of the Constitution and whether any jurisdictional basis exists to support an appeal as of right from the May 21, 2013 order of the App. Div.; HABEAS CORPUS - CHALLENGE TO APPELLATE DIVISION ORDER DENYING PETITIONER'S APPLICATION FOR, AMONG OTHER THINGS, A WRIT OF HABEAS CORPUS; APPEALS - CHALLENGE TO APPELLATE DIVISION ORDER DENYING PETITIONER'S MOTION FOR LEAVE TO APPEAL TO THE COURT OF APPEALS; App. Div. denied petitioner's motion for leave to appeal to the Court of Appeals from a decision and order of that court entered on June 28, 2012 (6/6/13 order), and denied petitioner's application for, among other things, a writ of habeas corpus (5/21/13 order).

EMPIRE CENTER FOR NEW YORK STATE POLICY, MATTER OF v NEW YORK STATE TEACHERS' RETIREMENT SYSTEM (103 AD3d 1009):
3rd Dept. App. Div. order of 2/21/13; affirmance; leave to appeal granted by Court of Appeals, 6/26/13; RECORDS - FREEDOM OF INFORMATION LAW (FOIL) - NAMES OF RETIRED MEMBERS OF STATE TEACHERS' RETIREMENT SYSTEM - WHETHER THE NAMES OF RETIREES RECEIVING PENSION PAYMENTS ARE EXEMPT FROM DISCLOSURE UNDER PUBLIC OFFICERS LAW § 89(7); Supreme Court, Albany County, dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review respondent's determination partially denying petitioner's FOIL requests; App. Div. affirmed.

EMPIRE CENTER FOR NEW YORK STATE POLICY, MATTER OF v TEACHERS' RETIREMENT SYSTEM OF THE CITY OF NEW YORK (103 AD3d 593):
1st Dept. App. Div. order of 2/28/13; affirmance; leave to appeal granted by Court of Appeals, 6/26/13; RECORDS - FREEDOM OF INFORMATION LAW (FOIL) - NAMES OF RETIRED MEMBERS OF CITY OF NEW YORK TEACHERS' RETIREMENT SYSTEM - WHETHER THE NAMES OF RETIREES RECEIVING PENSION PAYMENTS ARE EXEMPT FROM DISCLOSURE UNDER PUBLIC OFFICERS LAW § 87(2)(b) OR PUBLIC OFFICERS LAW § 89(7); Supreme Court, New York County, dismissed a CPLR article 78 petition brought to annul respondent's determination denying petitioner's FOIL request for the names of retired members of respondent retirement system; App. Div. affirmed.

GOLDEN v CITIBANK, N.A. (100 AD3d 596):
2nd Dept. App. Div. order of 11/7/12; reversal; leave to appeal granted by Court of Appeals, 6/26/13; BANKS AND BANKING - CASHIER'S CHECK - WHETHER, IN THE ABSENCE OF FRAUD, A BANK MUST HONOR A CASHIER'S CHECK WHEN PRESENTED TO IT BY THE PAYEE OR CAN REFUSE TO PAY ON THE CHECK BY SHOWING THAT (1) NO CONSIDERATION WAS GIVEN FOR ITS ISSUANCE AND (2) THE PARTY DEMANDING PAYMENT IS NOT A HOLDER IN DUE COURSE; Supreme Court, Queens County, denied, with leave to renew upon completion of disclosure, plaintiff's motion for summary judgment on the first cause of action to compel payment on a cashier's check, and to sever that cause of action; App. Div. reversed and granted plaintiff's motion for summary judgment on the first cause of action and to sever that cause of action.

TOWN OF ISLIP, MATTER OF v NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD (104 AD3d 778):
2nd Dept. App. Div. judgment of 3/13/13; confirmation of determination; leave to appeal granted by Court of Appeals, 6/27/13; LABOR UNIONS - COLLECTIVE BARGAINING - PAST PRACTICE - ASSIGNMENT OF TOWN VEHICLES TO EMPLOYEES FOR PERMANENT USE - WHETHER THE APPELLATE DIVISION PROPERLY CONFIRMED A DETERMINATION BY THE NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD, WHICH CONCLUDED THAT THE TOWN IMPERMISSIBLY ALTERED A PAST PRACTICE WHEN IT UNILATERALLY DISCONTINUED CERTAIN EMPLOYEES' RIGHTS TO USE TOWN VEHICLES ON A 24-HOUR-A-DAY BASIS; App. Div. confirmed a determination by the NYS Public Employment Relations Board (PERB) that the Town of Islip impermissibly altered a past practice when it unilaterally discontinued certain employees' rights to use Town vehicles on a 24-hour-a-day basis; denied the CPLR article 78 petition challenging the determination; dismissed the proceeding; granted PERB's cross petition to enforce the determination; and remitted to Supreme Court for the issuance of an order compelling compliance with the App. Div.'s judgment.

LLOYD-DOUGLAS (COLLIN F.), PEOPLE v (102 AD3d 986):
2nd Dept. App. Div. order of 1/30/13; reversal; leave to appeal granted by Smith, J., 5/20/13; CRIMES - CONFESSION - STATEMENTS MADE BY DEFENDANT DURING PRE-ARRAIGNMENT PROGRAM - WHETHER THE APPELLATE DIVISION ERRED IN CONCLUDING THAT A "PREAMBLE" GIVEN BY LAW ENFORCEMENT AUTHORITIES TO DEFENDANT BEFORE ARRAIGNMENT AND PRIOR TO THE RECITATION OF THE MIRANDA WARNINGS, VIOLATED DEFENDANT'S MIRANDA RIGHTS - HARMLESS ERROR; Supreme Court, Queens County, convicted defendant of attempted murder in the second degree, assault in the first degree, unlawful imprisonment in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposed sentence; App. Div. reversed, granted that branch of defendant's omnibus motion that was to suppress a videotaped statement made by him to law enforcement authorities, and ordered a new trial.

POLHILL (EUGENE), PEOPLE v (102 AD3d 988):
2nd Dept. App. Div. order of 1/30/13; reversal; leave to appeal granted by Smith, J., 5/20/13; CRIMES - CONFESSION - STATEMENTS MADE BY DEFENDANT DURING PRE-ARRAIGNMENT PROGRAM - WHETHER THE APPELLATE DIVISION ERRED IN CONCLUDING THAT A "PREAMBLE" GIVEN BY LAW ENFORCEMENT AUTHORITIES TO DEFENDANT BEFORE ARRAIGNMENT AND PRIOR TO THE RECITATION OF THE MIRANDA WARNINGS, VIOLATED DEFENDANT'S MIRANDA RIGHTS; Supreme Court, Queens County, convicted defendant of attempted robbery in the second degree, upon a jury verdict, and imposed sentence; App. Div. reversed, granted that branch of defendant's omnibus motion that was to suppress a videotaped statement made by him to law enforcement authorities, and ordered a new trial.

WITTORF v CITY OF NEW YORK (104 AD3d 584):
1st Dept. App. Div. order of 3/26/13; affirmance; leave to appeal granted by App. Div., 6/27/13; MUNICIPAL CORPORATIONS - TORT LIABILITY - WHILE IN THE PROCESS OF CLOSING ROADWAY SO REPAIRS COULD BE MADE, NEW YORK CITY DEPARTMENT OF TRANSPORTATION (DOT) SUPERVISOR TOLD PLAINTIFF SHE COULD PROCEED THROUGH ROAD ON HER BICYCLE AND PLAINTIFF WAS INJURED WHEN SHE RODE INTO A LARGE POTHOLE - WHETHER THE COURTS BELOW ERRED IN DETERMINING THAT PLAINTIFF'S INJURIES WERE CAUSED BY THE DOT EMPLOYEE'S ACTS OF TRAFFIC CONTROL, A DISCRETIONARY GOVERNMENTAL FUNCTION, RATHER THAN BY DEFENDANT'S PROPRIETARY FUNCTION OF MAINTAINING THE ROADWAY; Supreme Court, New York County, among other things, granted defendant's motion to set aside the jury verdict on the ground that plaintiff failed to establish a prima facie case; App. Div. affirmed.

For July 12, 2013 through July 18, 2013, the following preliminary appeal statements were filed:

ARENA (FRANK), PEOPLE v (106 AD3d 1445):
4th Dept. App. Div. order of 5/3/13; reversal; leave to appeal granted by Martoche, J., 6/24/13; Rule 500.11 review pending; CRIMES - WITNESSES - DEFENDANT'S RIGHT TO CALL WITNESS - WHETHER SUPREME COURT ERRED IN REFUSING TO ALLOW DEFENDANT TO CALL A WITNESS WHO WOULD HAVE TESTIFIED THAT DEFENDANT ACCUSED THE PROPOSED WITNESS OF INFORMING ON HIM BUT DID NOT ASSAULT OR THREATEN THE WITNESS, WHERE THE PEOPLE'S THEORY OF MOTIVE WAS THAT DEFENDANT BEAT AND FORCIBLY STOLE PROPERTY FROM COMPLAINANT TO RETALIATE FOR COMPLAINANT TELLING THE POLICE THAT DEFENDANT WAS GROWING MARIHUANA AT HIS HOUSE; Supreme Court, Monroe County, convicted defendant, upon a jury verdict, of burglary in the first degree, robbery in the first degree, robbery in the second degree and assault in the second degree; App. Div. reversed, and granted a new trial.

BLAKE (ANDREW), PEOPLE v (105 AD3d 431):
1st Dept. App. Div. order of 4/2/13; affirmance; leave to appeal granted by Graffeo, J., 7/3/13; CRIMES - RIGHT TO COUNSEL - EFFECTIVE REPRESENTATION - WHETHER TRIAL COUNSEL'S FAILURE TO REQUEST AN ADVERSE INFERENCE CHARGE REGARDING DESTROYED EVIDENCE CONSTITUTED INEFFECTIVE ASSISTANCE OF COUNSEL; Supreme Court, New York County, convicted defendant, after a jury trial, of three counts of attempted murder in the second degree, two counts of assault in the first degree, assault in the second degree, two counts of criminal possession of a weapon in the second degree, reckless endangerment in the first degree and bribery in the second degree, and sentenced him to an aggregate term of 25 years; App. Div. affirmed.

DIAZ (SANDRA), PEOPLE v (100 AD3d 446):
1st Dept. App. Div. order of 11/13/12; affirmance; leave to appeal granted by Read, J., 7/9/13; CRIMES - CONTROLLED SUBSTANCES - POSSESSION - SUFFICIENCY OF THE EVIDENCE - WHETHER THE APPELLATE DIVISION ERRED IN CONCLUDING THAT DEFENDANT EXERCISED DOMINION AND CONTROL OVER THE CONTRABAND - WHETHER THE APPELLATE DIVISION ERRED IN RULING THAT THE EVIDENCE ESTABLISHED THE ELEMENTS OF FIRST-DEGREE UNLAWFULLY DEALING WITH A CHILD (PENAL LAW § 260.20[1]) BECAUSE DEFENDANT KNEW OR SHOULD HAVE KNOWN THAT A LARGE AMOUNT OF HEROIN AND DRUG PARAPHERNALIA WERE IN HER APARTMENT, WHERE FOUR CHILDREN UNDER THE AGE OF 18 LIVED; WHETHER PENAL LAW § 260.20(1) IS UNCONSTITUTIONALLY VAGUE FOR FAILING TO GIVE CLEAR NOTICE OF THE PROSCRIBED CONDUCT AND CREATING A RISK OF DISCRIMINATORY ENFORCEMENT; Supreme Court, New York County, convicted defendant, after a jury trial, of criminal possession of a controlled substance in the seventh degree and four counts of unlawfully dealing with a child in the first degree, and sentenced her to concurrent terms of three years of probation; App. Div. affirmed.

GILES v YI (105 AD3d 1313):
4th Dept. App. Div. order of 4/26/13; affirmance; leave to appeal granted by App. Div., 6/28/13; DISCLOSURE - MEDICAL RECORDS AND REPORTS - EXPOSURE TO LEAD-BASED PAINT - WHETHER THE TRIAL COURT ABUSED ITS DISCRETION IN ORDERING PLAINTIFF TO PRODUCE MEDICAL RECORDS LINKING PLAINTIFF'S INJURIES TO HIS EXPOSURE TO LEAD-BASED PAINT; Supreme Court, Monroe County, granted the motion of defendant Gerald Breen to compel plaintiff to produce certain medical reports, under penalty of preclusion as to the introduction of proof concerning plaintiff's alleged injuries, and denied plaintiff's cross motion for a protective order; App. Div. affirmed.

HAMILTON v MILLER (106 AD3d 1476):
4th Dept. App. Div. order of 5/3/13; affirmance; leave to appeal granted by App. Div., 6/28/13; DISCLOSURE - MEDICAL RECORDS AND REPORTS - EXPOSURE TO LEAD-BASED PAINT - WHETHER THE TRIAL COURT ABUSED ITS DISCRETION IN ORDERING PLAINTIFF TO PRODUCE MEDICAL RECORDS LINKING PLAINTIFF'S INJURIES TO HIS EXPOSURE TO LEAD-BASED PAINT; EVIDENCE - JUDICIAL NOTICE - ACTION FOR DAMAGES RESULTING FROM EXPOSURE TO LEAD-BASED PAINT - WHETHER THE TRIAL COURT ERRED IN DENYING PLAINTIFF'S REQUEST FOR IT TO TAKE JUDICIAL NOTICE OF CONGRESSIONAL FINDINGS IN THE RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT OF 1992 (42 USC § 4851); Supreme Court, Monroe County, (1) granted the motion and cross motion by certain defendants for an order directing plaintiff, among other things, to produce certain medical reports or precluding proof of plaintiff's injuries if plaintiff failed to produce such medical reports; (2) denied plaintiff's cross motion for a protective order and request that the court take judicial notice of 42 USC § 4851; and (3) precluded plaintiff from introducing proof concerning his alleged injuries unless he produced certain medical reports; App. Div. affirmed.

HANSON (PAMELA), PEOPLE v (100 AD3d 771):
2nd Dept. App. Div. order of 11/14/12; affirmance; leave to appeal granted by Smith, J., 7/10/13; CRIMES - APPEAL - ALLEGED DEPRIVATION OF FAIR TRIAL BY SUPREME COURT'S FAILURE TO DISCLOSE AND RESPOND TO TWO JURY NOTES - CPL 310.30 - WHETHER THE APPELLATE DIVISION ERRED IN HOLDING THAT, BECAUSE THE RECORD CONTAINED NO EVIDENCE THAT THE TWO NOTES ACTUALLY WERE RECEIVED BY SUPREME COURT, DEFENDANT'S ARGUMENT REGARDED MATTERS DEHORS THE RECORD AND WAS NOT PROPERLY BEFORE THE APPELLATE DIVISION; Supreme Court, Kings County, convicted defendant, upon a jury verdict, of murder in the second degree and grand larceny in the fourth degree and imposed sentence; App. Div. affirmed.

HILL (DERRICK), PEOPLE v (105 AD3d 472):
1st Dept. App. Div. order of 4/9/13; affirmance; leave to appeal granted by Graffeo, J., 7/1/13; CRIMES - RIGHT TO REMAIN SILENT - WHETHER DEFENDANT OPENED DOOR TO TESTIMONY ABOUT HIS DECLINING TO MAKE STATEMENT TO ARRESTING POLICE OFFICER BY ASKING THE ARRESTING OFFICER ON CROSS EXAMINATION A SERIES OF QUESTIONS ELICITING PROOF THAT DEFENDANT HAD BEEN POLITE AND COOPERATIVE WITH POLICE, HAVING AGREED TO TAKE A BREATHALYZER TEST AND VARIOUS FIELD SOBRIETY TESTS - HARMLESS ERROR; Supreme Court, New York County, convicted defendant, after a jury trial, of driving while intoxicated and driving while ability impaired, and sentenced him to an aggregate of 60 days and 5 years' probation; App. Div. affirmed.

MATTER OF KOZIOL (107 AD3d 1137):
3rd Dept. App. Div. order of 6/6/13; suspension of attorney; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right and whether the order appealed from finally determines the proceeding within the meaning of the Constitution; ATTORNEY AND CLIENT - DISCIPLINARY PROCEEDINGS - SUSPENSION; App. Div., among other things, found respondent guilty of professional misconduct as charged, and suspended respondent from the practice of law for a period of six months.

LOPEZ (TEOFILO), PEOPLE v (2012 NY Slip Op 88716[U]):
1st Dept. App. Div. order of 10/25/12; dismissal of appeal; leave to appeal granted by Smith, J., 7/3/13; APPEAL - DISMISSAL - TIMELY NOTICE OF APPEAL FILED FOR DEFENDANT WHO BECAME A FUGITIVE, WAS TRIED IN ABSENTIA AND CONVICTED IN 1999 - AFTER DEFENDANT'S CAPTURE, APPELLATE DIVISION DISMISSED THE APPEAL FOR FAILURE TO TIMELY PROSECUTE AT A TIME WHEN DEFENDANT WAS REPRESENTED BY COUNSEL BUT HAD NOT YET SOUGHT POOR PERSON RELIEF AND COUNSEL HAD NOT RECEIVED OR REVIEWED THE RECORD - WHETHER APPELLATE DIVISION ABUSED ITS DISCRETION IN DISMISSING THE APPEAL; Supreme Court, New York County, convicted defendant; App. Div. granted respondent's motion to dismiss the appeal for failure to timely prosecute, and dismissed the appeal.

For July 19, 2013 through July 25, 2013, the following preliminary appeal statements were filed:

ARGYRIS (COSTANDINO), PEOPLE v (99 AD3d 808):
2nd Dept. App. Div. order of 10/10/12; affirmance; leave to appeal granted by Read, J., 7/9/13; CRIMES - UNLAWFUL SEARCH AND SEIZURE - WHETHER, BASED ON INFORMATION PROVIDED BY AN ANONYMOUS TELEPHONE CALLER, POLICE HAD REASONABLE SUSPICION TO STOP THE CAR IN WHICH DEFENDANT WAS TRAVELING; SUPPRESSION HEARING; Supreme Court, Queens County, convicted defendant, upon his guilty plea, of criminal possession of a weapon in the second degree, criminal possession of a weapon in the fourth degree and unlawful possession of pistol ammunition, and imposed sentence; App. Div. affirmed.

DALTON, MATTER OF v AKRON CENTRAL SCHOOLS (107 AD3d 1517):
4th Dept. App. Div. order of 6/14/13; affirmance with dissents; Rule 500.11 review pending; SCHOOLS - NOTICE OF CLAIM - LATE NOTICE - SLIP ON SNOW OR ICE IN SCHOOL PARKING LOT - CLAIMANT'S BURDEN OF ESTABLISHING THAT RESPONDENT ACQUIRED ACTUAL KNOWLEDGE OF THE ESSENTIAL FACTS OF THE CLAIM, INCLUDING KNOWLEDGE OF THE INJURIES, WITHIN A REASONABLE TIME AFTER THE CLAIM AROSE - GENERAL MUNICIPAL LAW § 50-e; Supreme Court, Erie County, granted claimant's application for leave to serve a late notice of claim; App. Div. affirmed.

DiSALVO (JOHN A.), PEOPLE v (99 AD3d 811):
2nd Dept. App. Div. order of 10/10/12; affirmance; leave to appeal granted by Read, J., 7/9/13; CRIMES - UNLAWFUL SEARCH AND SEIZURE - WHETHER, BASED ON INFORMATION PROVIDED BY AN ANONYMOUS TELEPHONE CALLER, POLICE HAD REASONABLE SUSPICION TO STOP THE CAR IN WHICH DEFENDANT WAS TRAVELING; SUPPRESSION HEARING; Supreme Court, Queens County, convicted defendant, upon his guilty plea, of criminal possession of a weapon in the second degree, criminal possession of a weapon in the fourth degree and unlawful possession of pistol ammunition, and imposed sentence; App. Div. affirmed.

JENKINS (BENJAMIN), PEOPLE v (100 AD3d 924):
2nd Dept. App. Div. order of 11/21/12; reversal; leave to appeal granted by Smith, J., 7/10/13; CRIMES - UNLAWFUL SEARCH AND SEIZURE - WARRANTLESS SEARCH FOR GUN AFTER LAWFUL ARREST OF DEFENDANT IN HIS APARTMENT FOLLOWING OBSERVATION OF DEFENDANT WITH GUN - WHETHER EMERGENCY EXCEPTION TO WARRANT REQUIREMENT APPLIES; Supreme Court, Kings County, among other things, after a hearing, granted that branch of defendant's omnibus motion which was to suppress physical evidence; App. Div. reversed, denied that branch of defendant's omnibus motion which was to suppress physical evidence, and remitted the matter to Supreme Court for further proceedings on the indictment.

KOZIOL v STATE OF NEW YORK (107 AD3d 1078):
3rd Dept. App. Div. order of 6/6/13; affirmance; 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; JUDGMENTS - ENFORCEMENT; TAXATION - TAX LIENS, TAX SALES AND TAX TITLES - DEPARTMENT OF TAXATION AND FINANCE DOCKETED WARRANT AGAINST PLAINTIFF FOR CHILD SUPPORT ARREARS - SEIZURE AND SALE OF MOTOR VEHICLES AND OTHER PERSONAL PROPERTY; WHETHER PLAINTIFF'S CLAIMS ARE BARRED BY FAILURE TO ADMINISTRATIVELY CHALLENGE EITHER REFERRAL OF SUPPORT CASE TO THE DEPARTMENT OF TAXATION AND FINANCE OR THE SUBSEQUENT ISSUANCE OF A TAX WARRANT; Supreme Court, Albany County, among other things, granted a cross motion by State defendants for summary judgment dismissing the complaint against them, and upon searching the record, granted summary judgment to all defendants; App. Div. affirmed.

KRUGER (KEVIN), PEOPLE v (104 AD3d 875):
2nd Dept. App. Div. order of 3/20/13; denial of application for a writ of error coram nobis; leave to appeal granted by Read, J., 7/15/13; CRIMES - APPEAL - EXTENSION OF TIME TO FILE AN APPLICATION FOR LEAVE TO APPEAL TO THE COURT OF APPEALS - WHETHER THE APPELLATE DIVISION ERRED IN DENYING DEFENDANT'S APPLICATION FOR A WRIT OF ERROR CORAM NOBIS SEEKING TO FILE A LATE APPLICATION FOR LEAVE TO APPEAL TO THE COURT OF APPEALS UPON THE GROUND THAT PEOPLE v SYVILLE (15 NY3d 391) DID NOT PROVIDE FOR SUCH RELIEF; App. Div. denied defendant's application for a writ of error coram nobis seeking to file a late application for leave to appeal to the Court of Appeals from a decision and order of the Appellate Division, Second Department, dated 12/1/09, affirming a judgment of the County Court, Orange County, rendered 3/22/07.

O'NEILL, MATTER OF v PFAU (101 AD3d 731):
2nd Dept. App. Div. order of 12/5/12; modification; leave to appeal granted by App. Div., 7/12/13; PROCEEDING AGAINST BODY OR OFFICER - MANDAMUS - CPLR ARTICLE 78 PROCEEDING TO COMPEL PAYMENT TO SUFFOLK COUNTY COURT OFFICERS OF A SALARY INCREMENT REFLECTING A CONTINUOUS SERVICE CREDIT; STATUTE OF LIMITATIONS; Supreme Court, Suffolk County, granted the second amended petition to the extent of remitting the matter to the Chief Administrative Judge for the purpose of recalculating the salaries of persons assigned to the New York State Court Officer title in Suffolk County due to the issuance of administrative orders dated 1/8/04 and 12/22/04; App. Div. modified by deleting the provision remitting the matter to the Chief Administrative Judge of the Courts of the State of New York for the purpose of recalculating the salaries of persons assigned to the New York State Court Officer title in Suffolk County due to the issuance of the administrative order dated 1/8/04, and substituting therefor a provision dismissing, as time-barred, that branch of the second amended petition which sought to compel payment to persons in that title a salary increment reflecting a continuous service credit due to the issuance of the 1/8/04 administrative order.

SIMS (QUENTIN A.), PEOPLE v (106 AD3d 1473):
4th Dept. App. Div. order of 5/3/13; reversal; leave to appeal granted by Fahey, J., 6/28/13; Rule 500.11 review pending; CRIMES - UNLAWFUL SEARCH AND SEIZURE - VALIDITY OF PAT-DOWN OF DEFENDANT - PEOPLE v DE BOUR (40 NY2d 210 [1976]); Erie County Court granted those parts of defendant's omnibus motion that sought to suppress certain physical evidence and oral statements; App. Div. reversed, denied those parts of the omnibus motion seeking to suppress physical evidence and statements, and remitted the matter to the Erie County Court for further proceedings on the indictment.