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For August 1, 2014 through August 7, 2014, the following preliminary appeal statements were filed:

ALAMIN v UDDIN (2014 NY Slip Op 73169[U]):
2nd Dept. App. Div. order of 5/23/14; denial of motion; 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 action within the meaning of the Constitution; MOTIONS AND ORDERS - CHALLENGE TO APPELLATE DIVISION ORDER DENYING MOTION TO AMEND AN APPELLATE DIVISION ORDER OR TO EXTEND THE TIME TO MOVE FOR LEAVE TO APPEAL TO THE COURT OF APPEALS FROM THAT ORDER; App. Div. denied appellant's motion to amend an order of the App. Div. dated 1/22/14 or to extend the time to move for leave to appeal to the Court of Appeals from that order dated 1/22/14.

ASHMORE v ASHMORE (2014 NY Slip Op 75302[U]):
2nd Dept. App. Div. order of 6/17/14; denial of motion; 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 action within the meaning of the Constitution; MOTIONS AND ORDERS - CHALLENGE TO APPELLATE DIVISION ORDER DENYING REARGUMENT; App. Div. denied defendant's motion for leave to reargue appeals from a 11/7/13 Supreme Court judgment and two Supreme Court orders dated 6/19/12, and 7/2/12, which were determined by App. Div. order 2/13/14.

GIBSON (JOHN), PEOPLE v (117 AD3d 1317):
3rd Dept. App. Div. order of 5/29/14; affirmance; leave to appeal granted by Rose, J., 7/24/14; CRIMES - UNLAWFUL SEARCH AND SEIZURE - WHETHER EXIGENT CIRCUMSTANCES EXISTED TO JUSTIFY THE WARRANTLESS ENTRY INTO DEFENDANT'S APARTMENT - REASONABLE BELIEF THAT ARMED PERPETRATOR COULD BE IN BUILDING - SEIZURE OF GUN THAT WAS PURPORTEDLY IN PLAIN VIEW; ARREST - PROBABLE CAUSE - HEARSAY STATEMENTS - BASIS FOR KNOWLEDGE TRANSMITTED THROUGH CHAIN OF INFORMANTS; SUPPRESSION HEARING - DENIAL OF MOTION TO REOPEN HEARING; SENTENCE - ALLEGEDLY EXCESSIVE AND HARSH SENTENCE; INDICTMENT - SUFFICIENCY OF FACTUAL ALLEGATIONS - POSSESSION OF WEAPON; County Court, Warren County, convicted defendant, upon his guilty plea, of criminal possession of a weapon in the third degree and menacing in the second degree; App. Div. affirmed.

HOLLEY (TODD), PEOPLE v (116 AD3d 442):
1st Dept. App. Div. order of 4/3/14; affirmance; leave to appeal granted by Lippman, Ch.J., 7/31/14; CRIMES - IDENTIFICATION OF DEFENDANT - PHOTOGRAPHIC ARRAY - WHETHER THE APPELLATE DIVISION ERRED IN CONCLUDING THAT THE PROCEDURE BY WHICH A WITNESS IDENTIFIED DEFENDANT FROM A SERIES OF PHOTO ARRAYS GENERATED BY THE POLICE PHOTO MANAGER COMPUTER SYSTEM WAS NOT UNDULY SUGGESTIVE AND THAT A DIFFERENT CONCLUSION WAS NOT WARRANTED BECAUSE THE POLICE FAILED TO PRESERVE THE PHOTO ARRAYS VIEWED BY THE WITNESS; LINEUP - WHETHER THE APPELLATE DIVISION CORRECTLY DETERMINED THAT THE RECORD SUPPORTED THE HEARING COURT'S FINDING THAT THE LINEUP WAS NOT UNDULY SUGGESTIVE; Supreme Court, New York County, convicted defendant of attempted robbery in the third degree and two counts of assault in the third degree, and sentenced him, as a second felony offender, to an aggregate term of two to four years; App. Div. affirmed.

JF CAPITAL ADVISORS, LLC v THE LIGHTSTONE GROUP, LLC (115 AD3d 591):
1st Dept. App. Div. order of 3/25/14; modification; leave to appeal granted by App. Div., 7/24/14; CONTRACTS - QUANTUM MERUIT - STATUTE OF FRAUDS - GENERAL OBLIGATIONS LAW § 5-701 (a)(10) - "NEGOTIATING THE PURCHASE ... OF ANY REAL ESTATE ... OR ... BUSINESS OPPORTUNITIES" - ACTION SEEKING COMPENSATION FROM DEFENDANTS FOR FINANCIAL ADVISORY SERVICES PLAINTIFF PROVIDED UNDER AN ALLEGED ORAL CONTRACT IN CONNECTION WITH DEFENDANTS' ACQUISITION OF CERTAIN HOTELS AND OTHER INVESTMENT OPPORTUNITIES - WHETHER PLAINTIFF'S CLAIMS FOR QUANTUM MERUIT AND UNJUST ENRICHMENT WERE PROPERLY DISMISSED AS BARRED BY THE STATUTE OF FRAUDS; Supreme Court, New York County, granted in part defendants' motion to dismiss the complaint for failure to state a cause of action under CPLR 3211 (a)(7); App. Div. modified by granting defendants' motion as to the remainder of the complaint, otherwise affirmed, and directed the Clerk to enter judgment dismissing the complaint.

JONES (ANTHONY), PEOPLE v (115 AD3d 490):
1st Dept. App. Div. order of 3/11/14; affirmance; leave to appeal granted by Pigott, J., 7/21/14; Rule 500.11 review pending; CRIMES - SENTENCE - MANDATORY SURCHARGE - WHETHER THE SENTENCING JUDGE HAS DISCRETION TO GRANT DEFENDANT RELIEF FROM THE MANDATORY SURCHARGE AT THE TIME OF SENTENCING, OR WHETHER DEFENDANT WAS REQUIRED TO SEEK SUCH RELIEF BY MOTION FOR RESENTENCING PURSUANT TO CPL 420.10(5); Supreme Court, New York County, convicted defendant, upon his guilty plea, of criminal possession of a controlled substance in the third degree and sentenced him to concurrent terms of six months; App. Div. affirmed.

ROBERITES (JESSE), PEOPLE v (115 AD3d 1291):
4th Dept. App. Div. order of 3/28/14; reversal; leave to appeal granted by Nancy E. Smith, J., 7/17/14; CRIMES - JURORS - NOTE FROM JURY - TRIAL COURT'S FAILURE TO NOTIFY PRO SE DEFENDANT OF JURY NOTE REQUESTING EXHIBITS - WHETHER TRIAL COURT'S FAILURE CONSTITUTES A MODE OF PROCEEDINGS ERROR REQUIRING REVERSAL OF THE JUDGMENT, EVEN IF THE ISSUE WAS NOT PRESERVED AT TRIAL; County Court, Livingston County, convicted defendant, upon a jury verdict, of arson in the third degree and insurance fraud in the second degree; App. Div. reversed, and granted a new trial.

SILVERMAN v SILVER (119 AD3d 449):
1st Dept. App. Div. order of 7/10/14; affirmance with two-Justice dissents; JUDGES - JUDICIAL SALARIES - SEPARATION OF POWERS DOCTRINE - REMEDY FOR VIOLATION OF SEPARATION OF POWERS DOCTRINE - WHETHER LEGISLATION THAT CREATED A COMMISSION ON JUDICIAL COMPENSATION TO RECOMMEND PROSPECTIVE-ONLY ADJUSTMENTS TO JUDICIAL PAY, VIOLATES MATTER OF MARON v SILVER AND OTHER CASES DECIDED THEREWITH (14 NY3d 230 [2010]), BECAUSE IT DOES NOT PROVIDE FOR CONSIDERATION OF RETROACTIVE COMPENSATION - ENTITLEMENT TO DAMAGES FOR BACK PAY BASED UPON RETROACTIVE PAY INCREASES; Supreme Court, New York County, dismissed the supplemental complaint following the grant of defendants' motion to dismiss; App. Div. affirmed.

For August 8, 2014 through August 14, 2014, the following preliminary appeal statements were filed:

PEOPLE ex rel. BOURLAYE T. v CONNOLLY (119 AD3d 825):
2nd Dept. App. Div. order of 7/16/14; affirmance; sua sponte examination of whether the appeal is moot and whether a substantial constitutional question is directly involved to support an appeal as of right; CRIMES - SEX OFFENDERS - CIVIL COMMITMENT OR SUPERVISION - DENIAL OF WRIT OF HABEAS CORPUS - WHETHER PETITIONER IS A "DETAINED SEX OFFENDER" AS DEFINED IN MENTAL HYGIENE LAW § 10.03 (g)(5) AND THUS THE PROPER SUBJECT OF A PETITION FOR CIVIL MANAGEMENT WHERE PETITIONER WAS ON "IMMIGRATION PAROLE" AWAITING DEPORTATION BY U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT AND SERVING A PERIOD OF PAROLE SUPERVISED BY THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION WHEN, WITHOUT COMMITTING A PAROLE VIOLATION, HE WAS ARRESTED AND TRANSPORTED BACK TO A STATE CORRECTIONAL FACILITY, AND THE MENTAL HYGIENE LAW ARTICLE 10 PROCEEDING WAS NOT COMMENCED UNTIL AFTER PETITIONER'S REINCARCERATION; Supreme Court, Dutchess County, denied the petition for a writ of habeas corpus, without a hearing, and dismissed the proceeding; App. Div. affirmed.

CALDAVADO (ALMA), PEOPLE v (116 AD3d 877):
2nd Dept. App. Div. order of 4/16/14; affirmance; leave to appeal granted by Graffeo, J., 8/7/14; CRIMES - RIGHT TO COUNSEL - EFFECTIVE REPRESENTATION - WHETHER DEFENDANT WAS ENTITLED TO AN EVIDENTIARY HEARING ON HER CPL 440.10 MOTION ASSERTING INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL IN LIGHT OF GROWING BODY OF MEDICAL EVIDENCE, NOT INTRODUCED AT TRIAL, SUGGESTING THAT "SHAKEN BABY SYNDROME" CAN BE EXPLAINED BY A MEDICAL CONDITION UNRELATED TO PHYSICAL TREATMENT OF THE CHILD; Supreme Court, Queens County, denied, without a hearing, defendant's CPL 440.10 motion to vacate a 4/1/09 judgment of the same court convicting defendant, upon a jury verdict, of assault in the first degree and endangering the welfare of a child and imposing sentence; App. Div. affirmed.

NEW YORK CITY ASBESTOS LITIGATION, MATTER OF (— AD3d —, 2014 NY Slip Op 05054):
1st Dept. App. Div. order of 7/3/14; affirmance; NEGLIGENCE - PROXIMATE CAUSE - WHETHER DEFENDANT WAS ENTITLED TO JUDGMENT AS A MATTER OF LAW DUE TO PLAINTIFF'S FAILURE TO PRODUCE EVIDENCE THAT DEFENDANT MANUFACTURED OR PLACED INTO THE STREAM OF COMMERCE ANY OF THE ASBESTOS-CONTAINING MATERIALS TO WHICH THE DECEDENT WAS EXPOSED - LIABILITY FOR FAILURE TO WARN OF ASBESTOS DANGER FOR PRODUCTS DEFENDANT DID NOT MANUFACTURE, SELL OR DISTRIBUTE; JOINT AND SEVERAL LIABILITY AND ALLOCATION OF FAULT; JURY INSTRUCTIONS; Supreme Court, New York County, after a jury trial, awarded plaintiff Dummit damages in the principal sum of $4,438,318.87; App. Div. affirmed.

HARDY (PETTIS), PEOPLE v (115 AD3d 511):
1st Dept. App. Div. order of 3/13/14; affirmance; leave to appeal granted by Lippman, Ch.J., 7/28/14; CRIMES - INSTRUCTIONS - WHETHER THE TRIAL COURT PROPERLY DECLINED TO GIVE THE JURY A CIRCUMSTANTIAL EVIDENCE CHARGE ON THE BASIS THAT THERE WAS BOTH DIRECT AND CIRCUMSTANTIAL EVIDENCE OF DEFENDANT'S GUILT; TRIAL - MISTRIAL - DENIAL OF MISTRIAL MOTIONS - WHETHER THE TRIAL COURT ERRED IN GIVING SUPPLEMENTAL CHARGES TO ENCOURAGE THE JURY TO REACH A VERDICT IN RESPONSE TO TWO NOTES FROM THE JURY INDICATING DEADLOCK, WHERE THE TRIAL WAS RELATIVELY UNCOMPLICATED AND THE JURY DELIBERATIONS WERE LENGTHY; EVIDENCE - WHETHER THE TRIAL COURT IMPROPERLY ADMITTED TESTIMONY OF TWO PROSECUTION WITNESSES NARRATING SURVEILLANCE VIDEOTAPES; Supreme Court, New York County, convicted defendant, after a jury trial, of four counts of grand larceny in the fourth degree and one count of petit larceny, and sentenced him, as a second felony offender, to an aggregate term of two to four years; App. Div. affirmed.

MARSHALL (KAITY), PEOPLE v (42 Misc 3d 141(A)):
App. Term for 2nd, 11th and 13th Judicial Districts 2/7/14 order; affirmance; leave to appeal granted by Pigott, J., 7/21/14; CRIMES - IDENTIFICATION OF DEFENDANT - TRIAL COURT HELD LIMITED HEARING TO DETERMINE WHETHER THE SINGLE PHOTO IDENTIFICATION PROCEDURE THAT THE PEOPLE CONDUCTED WITH THE COMPLAINING WITNESS OVER A YEAR AFTER THE INCIDENT WAS PERMISSIBLE AS "TRIAL PREPARATION" - PRE- WADE HEARING PURSUANT TO PEOPLE v HERNER (85 NY2d 877 [1995]); DUE PROCESS; Criminal Court of the City of New York, Kings County, convicted defendant, after a nonjury trial, of attempted assault in the third degree, attempted criminal possession of a weapon in the fourth degree, menacing in the third degree, and harassment in the second degree; App. Term affirmed.

SEAN R. v BMW OF NORTH AMERICA, LLC (115 AD3d 432):
1st Dept. App. Div. order of 3/6/14; affirmance; Rule 500.11 review pending; EVIDENCE - SCIENTIFIC EVIDENCE - FAILURE OF SCIENTIFIC LITERATURE TO SUPPORT EXPERT'S PROFFERED THEORY - WHETHER THE TESTIMONY OF PLAINTIFF'S EXPERTS, WHO THEORIZED THAT EXPOSURE TO GASOLINE FUMES CAUSED PLAINTIFF'S BIRTH DEFECTS, WAS PROPERLY PRECLUDED WHERE THE MEDICAL LITERATURE SHOWED THAT SOME CONSTITUENT CHEMICALS CONTAINED IN GASOLINE CAN LEAD TO BIRTH DEFECTS, NOT THAT EXPOSURE TO GASOLINE VAPORS CAN CAUSE SUCH DEFECTS; Supreme Court, New York County, denied plaintiff's motion for reargument or renewal of the 12/21/12 order granting defendant's motion to preclude the testimony of two of plaintiff's expert witnesses; App. Div. deemed Supreme Court's 3/6/14 order to have granted renewal and adhered to the 2/21/12 order affirmed.

WALKER (CHRISTOPHER E.), PEOPLE v (114 AD3d 1134):
4th Dept. App. Div. order of 2/7/14; affirmance; leave to appeal granted by Lippman, Ch.J., 7/30/14; CRIMES - JUSTIFICATION - PROPER JURY CHARGE - WHETHER THE PATTERN JURY INSTRUCTION ON THE "INITIAL AGGRESSOR EXCEPTION" TO THE JUSTIFICATION DEFENSE MISSTATES THE APPLICABLE LAW WHERE THE DEFENDANT CLAIMS HE USED FORCE TO SHIELD ANOTHER PERSON FROM ATTACK IN AN ONGOING ALTERCATION; Supreme Court, Monroe County, convicted defendant, upon a jury verdict, of manslaughter in the first degree; App. Div. affirmed.