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For August 12, 2016 through August 18, 2016, the following preliminary appeal statements were filed:

PEOPLE ex rel. ACKRIDGE v DIAZ (2016 NY Slip Op 78140[U]):
2nd Dept. App. Div. order of 6/28/16; denial of application for a writ of habeas corpus; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; HABEAS CORPUS - CHALLENGE TO ORDER DENYING APPLICATION FOR A WRIT OF HABEAS CORPUS; App. Div. denied that branch of petitioner's application which was for a writ of habeas corpus.

JOHNSON (MICHAEL), PEOPLE v (139 AD3d 967):
2nd Dept. App. Div. order of 5/18/16; affirmance; leave to appeal granted by Hall, J., 8/5/16; CRIMES - SUPPRESSION HEARING - VOLUNTARINESS OF STATEMENTS - WHETHER THE APPELLATE DIVISION CORRECTLY DETERMINED THAT PRE-ARRAIGNMENT DELAY AND CIRCUMSTANCES SURROUNDING INTERROGATION DURING THAT TIME DID NOT ESTABLISH THAT DEFENDANT'S STATEMENTS TO POLICE WERE INVOLUNTARY; WITNESSES - FAILURE TO CALL WITNESS - WHETHER TRIAL COURT PROPERLY DENIED DEFENDANT'S REQUEST FOR A MISSING WITNESS CHARGE AS TO VICTIM'S SON, AN EYEWITNESS TO THE CRIME; PROOF OF OTHER CRIMES - WHETHER THE TRIAL COURT PROPERLY DENIED DEFENDANT'S MOTION FOR A MISTRIAL, WHERE IT SUSTAINED DEFENDANT'S OBJECTION TO IMPROPER TESTIMONY BY A COOPERATING WITNESS, STRUCK THAT PORTION OF HIS TESTIMONY AND PROVIDED A CURATIVE INSTRUCTION; DISCLOSURE - DELAY IN PROVIDING EVIDENTIARY MATERIALS REGARDING COOPERATING WITNESS; Supreme Court, Queens County, convicted defendant, upon a jury verdict, of attempted murder in the second degree, two counts of robbery in the first degree, assault in the first degree, three counts of criminal possession of a forged instrument in the first degree, two counts of criminal possession of a forged instrument in the second degree, robbery in the second degree, and criminal possession of stolen property in the fifth degree, under indictment number 2352/09, and imposed sentence; Supreme Court also convicted defendant, upon a jury verdict, of unauthorized use of a vehicle in the third degree under indictment number 1328/11, and imposed sentence; App. Div. affirmed.

McCAIN (DOUGLAS), PEOPLE v (50 Misc 3d 132(A)):
App. Term, 2nd Dept, 2nd, 11th and 13th Judicial Districts order of 12/31/15; affirmance; leave to appeal granted by Stein, J., 8/5/16; 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 TOLD ARRESTING OFFICER THAT HE POSSESSED A RAZOR KNIFE CLIPPED TO THE OUTSIDE OF HIS PANTS POCKET FOR SELF PROTECTION - WHETHER APPELLATE TERM IMPROPERLY RELIED ON THE PRESUMPTION CONTAINED IN PENAL LAW § 265.15(4) IN UPHOLDING THE ACCUSATORY INSTRUMENT; Criminal Court of the City of New York, Queens County, convicted defendant, upon his guilty plea, of criminal possession of a weapon in the fourth degree, and imposed sentence; App. Term affirmed.

RYAN v POWERS & SANTOLA, LLP (2016 NY Slip Op 72733[U]): ( 2016 NY Slip Op 78515[U]):
3rd Dept. App. Div. orders of 4/28/16 and 6/29/16; dismissal of appeal and denial of motion for reconsideration or leave to appeal to Court of Appeals; sua sponte examination whether the order appealed from finally determine the action within the meaning of the Constitution and whether there is jurisdiction for an appeal as of right; APPEAL - APPELLATE DIVISION - DISMISSAL OF APPEAL - FAILURE OF PROSECUTION; App. Div. granted respondents' motions to dismiss the appeal taken by Matthew J. Ryan unless he filed and served a brief on or before 12/7/15, in which event the motions to dismiss the appeal taken by Matthew J. Ryan were denied; thereafter denied appellant's motions for extension of time to perfect the appeal, poor person relief, and leave to amend the notice of appeal, and dismissed the appeal; App. Div. denied appellant's motions for reconsideration or leave to appeal to the Court of Appeals, and for poor person relief.

SICA, MATTER OF v DiNAPOLI (141 AD3d 799):
3rd Dept. App. Div. judgment of 7/7/16; annulled determination; Rule 500.11 review pending; CIVIL SERVICE - RETIREMENT AND PENSION BENEFITS - ACCIDENTAL DISABILITY RETIREMENT - WHETHER THE APPELLATE DIVISION CORRECTLY HELD THAT THE RECORD DID NOT CONTAIN SUBSTANTIAL EVIDENCE TO SUPPORT THE COMPTROLLER'S DETERMINATION THAT PETITIONER FIREFIGHTER'S INJURIES FROM BEING EXPOSED TO COLORLESS AND ODORLESS GASES WHILE RESPONDING TO AN EMERGENCY AT A SUPERMARKET WERE NOT THE RESULT OF AN "ACCIDENT" WITHIN THE MEANING OF RETIREMENT AND SOCIAL SECURITY LAW § 363; App. Div. annulled respondent's determination, which denied petitioner's application for accidental disability retirement benefits, and remitted the matter to respondent for further proceedings not inconsistent with the court's decision.

STATON (DARREN), PEOPLE v (138 AD3d 1149):
2nd Dept. App. Div. order of 4/27/16; affirmance; leave to appeal granted by Hall, J., 8/10/16; Rule 500.11 review pending; CRIMES - IDENTIFICATION OF DEFENDANT - PHOTOGRAPHIC ARRAY - WHETHER PHOTOGRAPHIC ARRAY USED TO IDENTIFY DEFENDANT WAS UNDULY SUGGESTIVE; SUFFICIENCY OF THE EVIDENCE THAT ONE OF THE COMPLAINANTS SUFFERED PHYSICAL INJURY WITHIN THE MEANING OF PENAL LAW § 10.00(9); RIGHT TO COUNSEL - EFFECTIVE REPRESENTATION - ALLEGED INEFFECTIVE ASSISTANCE OF COUNSEL AS TO SENTENCING; Supreme Court, Queens County, convicted defendant, upon a jury verdict, of robbery in the second degree, assault in the second degree, and robbery in the third degree, and imposed sentence; App. Div. affirmed.

For August 19, 2016 through August 25, 2016, the following preliminary appeal statements were filed:

GLICKMAN, MATTER OF v LAFFIN (142 AD3d 730):
3rd Dept. App. Div. order of 8/18/16; reversal with a two-Justice dissent; ELECTIONS - DESIGNATING PETITIONS - VALIDITY - NY CONSTITUTION, ARTICLE III, SECTION 7 - WHETHER CANDIDATE'S REGISTERING TO VOTE IN WASHINGTON, D.C. IN 2014 PRECLUDED HIM, AS A MATTER OF LAW, FROM ESTABLISHING THE REQUISITE FIVE-YEAR CONTINUOUS RESIDENCY IN NEW YORK - WHETHER CANDIDATE MET THE CONSTITUTIONAL REQUIREMENT THAT HE RESIDE IN THE SENATE DISTRICT FOR ONE YEAR IMMEDIATELY PRECEDING THE ELECTION; Supreme Court, Albany County, among other things, granted petitioners' application, in proceeding No. 3 pursuant to Election Law § 16-102, to declare invalid the designating petitions naming Steven Glickman as the Democratic Party and Working Families Party candidate for the public office of State Senator for the 55th Senate District in the September 13, 2016 primary election; App. Div. reversed, dismissed the petition in proceeding No. 3, granted the petitions in proceedings Nos. 1 and 2, and declared valid the designating petitions naming Steven Glickman as the Democratic Party and Working Families Party candidate for the public office of State Senator for the 55th Senate District in the September 13, 2016 primary election.

MAKI v BASSETT HEALTHCARE (141 AD3d 979):
3rd Dept. App. Div. order of 7/21/16; 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 - RES JUDICATA - COLLATERAL ESTOPPEL - WHETHER THE COURTS BELOW ERRED IN DETERMINING THAT PLAINTIFF'S CLAIMS IN THIS ACTION WERE BARRED BY RES JUDICATA AND COLLATERAL ESTOPPEL BECAUSE THEY AROSE FROM THE SAME SERIES OF TRANSACTIONS AS PLAINTIFF'S PRIOR STATE AND FEDERAL ACTIONS, BOTH OF WHICH WERE DISMISSED; WHETHER SUPREME COURT ABUSED ITS DISCRETION IN AWARDING DEFENDANTS REASONABLE COSTS AND ATTORNEYS' FEES PURSUANT TO CPLR 8303-a; Supreme Court, Delaware County, granted defendants' motion for summary judgment dismissing the complaint, determined that plaintiff's complaint was frivolous and directed defendants to submit an application for attorneys' fees and costs, and enjoined plaintiff from bringing any actions based on medical treatment during 2008 and 2009 rendered to him by these defendants without prior court approval; thereafter, Supreme Court denied plaintiff's motion to renew or vacate or modify the prior Supreme Court order, and awarded defendants $6,389 in attorneys' fees; App. Div. affirmed.

MESTECKY, MATTER OF v CITY OF NEW YORK (133 AD3d 431):
1st Dept. App. Div. judgment of 11/5/15; confirmation of determinations; leave to appeal granted by App. Div., 3/22/16; PROCESS - SERVICE OF PROCESS - NOTICES OF VIOLATION (NOVs) ISSUED BY NEW YORK CITY DEPARTMENT OF BUILDINGS (DOB) - WHETHER DOB INSPECTOR'S ONE ATTEMPT AT PERSONAL SERVICE OF NOVs AT THE PREMISES WHERE THE VIOLATIONS OCCURRED SATISFIED THE "REASONABLE ATTEMPT" REQUIREMENT SET FORTH IN NEW YORK CITY CHARTER § 1049-a(d)(2)(b) SO THAT RESORT TO "AFFIX AND MAIL" SERVICE WAS APPROPRIATE - WHETHER REFERENCE TO CPLR ARTICLE 3 IN THE NEW YORK CITY CHARTER'S "AFFIX AND MAIL" PROVISION INCORPORATES THE "DUE DILIGENCE" REQUIREMENT OF CPLR ARTICLE 3; WHETHER THE APPELLATE DIVISION ERRED IN HOLDING THAT THE DETERMINATIONS ARE SUPPORTED BY SUBSTANTIAL EVIDENCE, ARE NOT AFFECTED BY AN ERROR OF LAW, AND ARE NOT ARBITRARY AND CAPRICIOUS; App. Div. confirmed four determinations of respondent Environmental Control Board, which collectively sustained seven NOVs against petitioner and denied his applications to vacate default judgments regarding two other NOVs; denied the CPLR article 78 petition; and dismissed the proceeding.

For August 26, 2016 through September 1, 2016, the following preliminary appeal statements were filed:

LAVENDER, MATTER OF v ZONING BOARD OF APPEALS OF THE TOWN OF BOLTON (141 AD3d 970):
3rd Dept. App. Div. order of 7/21/16; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right and whether so much of the 7/21/16 App. Div. order as affirmed the 9/21/15 Supreme Court order denying petitioner's motion for reconsideration finally determines the proceeding within the meaning of the Constitution; MUNICIPAL CORPORATIONS - ZONING - WHETHER THE DETERMINATION OF THE ZONING BOARD OF APPEALS, THAT PETITIONER'S RENTAL OF HIS PROPERTY AS AN EVENT VENUE VIOLATED THE TOWN OF BOLTON'S ZONING CODE, IS SUPPORTED BY THE RECORD; ALLEGED DUE PROCESS AND EQUAL TREATMENT ISSUES; Supreme Court, Warren County, in a proceeding pursuant to CPLR article 78, dismissed petitioner's application to review respondent's determination interpreting the Town's zoning code as excluding petitioner's use of his property as an event venue; Supreme Court thereafter, among other things, denied petitioner's motion for reconsideration; App. Div. affirmed.

O'KANE (DENNIS), PEOPLE v:
County Court, Albany County order of 9/14/15; reversal; leave to appeal granted by Abdus-Salaam, J., 8/1/16; CRIMES - VERDICT - CONTENT OF VERDICT SHEET - DEFENSE COUNSEL'S CONSENT TO ANNOTATIONS ON VERDICT SHEET SUMMARIZING SPECIFIC ALLEGATIONS AGAINST DEFENDANT - WHETHER COUNTY COURT ERRED IN HOLDING THAT DEFENSE COUNSEL WAS INEFFECTIVE FOR CONSENTING TO THE VERDICT SHEET ANNOTATIONS AND THAT SUCH ANNOTATIONS CONSTITUTED REVERSIBLE ERROR - ISSUE NOT ADDRESSED BY THE PARTIES BUT RAISED BY COUNTY COURT SUA SPONTE IN ITS OPINION; Albany City Court, after a jury trial, convicted defendant of four counts of aggravated harassment in the second degree, two counts of stalking in the fourth degree, and six counts of criminal contempt in the second degree, and sentenced defendant to one year of imprisonment on each count, with the sentences to run consecutively; County Court reversed and remitted the matter to Albany City Court for a new trial.