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For August 14, 2015 through August 20, 2015, the following preliminary appeal statements were filed:

ACQUEST WEHRLE, LLC v TOWN OF AMHERST (APPEAL NO. 1) (129 AD3d 1644):
4th Dept. App. Div. order of 6/19/15; modification; 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; CONSTITUTIONAL LAW - EQUAL PROTECTION OF LAWS - ACTION FOR MONETARY DAMAGES AGAINST TOWN FOR VIOLATION OF REAL PROPERTY DEVELOPER'S RIGHTS TO SUBSTANTIVE DUE PROCESS AND EQUAL PROTECTION IN ITS EFFORTS TO DEVELOP AN OFFICE PARK PROJECT IN A DESIGNATED WETLAND AREA; ENVIRONMENTAL PROTECTION - STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA) - ENVIRONMENTAL CONSERVATION LAW ARTICLE 8; Supreme Court, Erie County, awarded plaintiff money damages and attorneys' fees; App. Div. modified by granting that part of the motion seeking summary judgment dismissing the eighth cause of action and vacating the jury award on that cause of action, affirmed as modified, and remitted the matter for recalculation of the final judgment.

ACQUEST WEHRLE, LLC v TOWN OF AMHERST (APPEAL NO. 2) (129 AD3d 1650):
4th Dept. App. Div. order of 6/19/15; dismissal of appeal; 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; APPEALS - DISMISSAL OF APPEAL BY APPELLATE DIVISION; ATTORNEYS' FEES; Supreme Court, Erie County, awarded plaintiff attorneys' fees; App. Div. dismissed the appeal.

BADWAL v BADWAL (126 AD3d 736):
2nd Dept. App. Div. order of 3/11/15; affirmance; sua sponte examination whether any ground exists for an appeal as of right; HUSBAND AND WIFE AND OTHER DOMESTIC RELATIONSHIPS - EQUITABLE DISTRIBUTION - CHALLENGE TO VARIOUS ASPECTS OF THE EQUITABLE DISTRIBUTION OF ASSETS DIRECTED BY SUPREME COURT; Supreme Court, Nassau County, directed equitable distribution of residential property in New Hyde Park, the value of plaintiff's nursing license and the proceeds from the sale of a motel owned by the parties, and directed defendant, among other things, to pay child support in the sum of $220 per week to plaintiff through the Child Support Unit; App. Div. affirmed.

JONES (EARL), PEOPLE v (127 AD3d 517):
1st Dept. App. Div. order of 4/14/15; affirmance; leave to appeal granted by Lippman, Ch.J., 8/10/15; CRIMES - EVIDENCE - WHETHER THE TRIAL COURT ERRED IN ADMITTING INTO EVIDENCE AS AN EXCITED UTTERANCE OR A PRESENT SENSE IMPRESSION AN OUT-OF-COURT STATEMENT MADE BY AN UNIDENTIFIED BYSTANDER TO A POLICE OFFICER - ALLEGED DUE PROCESS AND CONFRONTATION CLAUSE VIOLATIONS; SUFFICIENCY OF THE EVIDENCE SUPPORTING DEFENDANT'S CONVICTION OF BURGLARY IN THE THIRD DEGREE; Supreme Court, New York County, convicted defendant, after a jury trial, of burglary in the third degree and criminal trespass in the third degree, and sentenced him, as a second felony offender, to an aggregate term of three to six years; App. Div. affirmed.

LIPIN v DANSKE BANK (130 AD3d 470):
1st Dept. App. Div. order of 7/7/15; affirmances and dismissals of appeals; sua sponte examination whether the order appealed from finally determines the actions within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; JUDGMENTS - DEFAULT JUDGMENT; Supreme Court, New York County, denied plaintiff's motion to reargue her prior motion for default judgment (9/25/13 order); denied plaintiff's motion for a default judgment (7/23/13 order); among other things, denied plaintiff's four motions for default judgments against defendants in Action No. 2 on the ground of lack of jurisdiction due to removal of the action to federal court (6/19/14 order); denied plaintiff's motion to reargue a motion for default judgment (9/24/13 order); denied plaintiff's motion for a default judgment on the ground that the Court lacked jurisdiction due to the removal of the action to federal court (7/18/13 order); and, among other things, denied plaintiff's motion for a default judgment against defendants in Action No. 1 on the same ground (6/24/14 order); App. Div. affirmed the 6/24/14 and 6/19/14 orders and dismissed the appeals from the remaining orders.

PATTERSON (ROBERT), PEOPLE v (128 AD3d 424):
1st Dept. App. Div. order of 5/5/15; affirmance; leave to appeal granted by Fahey, J., 7/13/15; CRIMES - IDENTIFICATION OF DEFENDANT - AUTHENTICATED RECORDS ADMITTED AS CIRCUMSTANTIAL EVIDENCE OF DEFENDANT'S IDENTITY - WHETHER THE TRIAL COURT PROPERLY ADMITTED, PURSUANT TO THE BUSINESS RECORDS EXCEPTION TO THE HEARSAY RULE, SUBSCRIBER INFORMATION FROM PRE-PAID CELLULAR PHONE RECORDS, WHICH THE ACCOUNT HOLDERS WERE NOT OBLIGATED TO PROVIDE AND WHICH THE CELL PHONE COMPANY DID NOT INDEPENDENTLY VERIFY; Supreme Court, Bronx County, convicted defendant, after a jury trial, of robbery in the second degree and burglary in the second degree, and convicted defendant, upon his guilty pleas, of robbery in the first and third degrees and attempted robbery in the first degree, and sentenced him, as a second violent felony offender, to an aggregate term of 20 years on all convictions; App. Div. affirmed.

TEAGUE, MATTER OF (— AD3d —, 2015 NY Slip Op 06301):
1st Dept. App. Div. order of 7/28/15; suspension of attorney; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; ATTORNEY AND CLIENT - DISCIPLINARY PROCEEDINGS - CHALLENGE TO APPELLATE DIVISION ORDER SUSPENDING ATTORNEY FOR THREE MONTHS - ALLEGED VIOLATIONS OF DUE PROCESS, DISCLOSURE REQUIREMENTS, AND PROCEDURAL SAFEGUARDS - ALLEGED INADEQUACY OF THE EVIDENCE; App. Div., among other things, granted the Department Disciplinary Committee's petition to the extent of confirming so much of the determination of the Hearing Panel with respect to liability findings; disaffirmed the Hearing Panel's recommendation with respect to sanction; suspended attorney from the practice of law in the State of New York for a period of three months, effective 30 days from the date of the order; and directed attorney to continue anger management treatment for a period of one year, monitored by the New York City Bar Association's Lawyers Assistance Program.

For August 21, 2015 through August 27, 2015, the following preliminary appeal statements were filed:

BANK (HERMAN H.), PEOPLE v (129 AD3d 1445):
4th Dept. App. Div. order of 6/12/15; modification; leave to appeal granted by Lippman, Ch.J., 8/13/15; CRIMES - RIGHT TO COUNSEL - EFFECTIVE REPRESENTATION - CHOICE TO PURSUE DEFENSE BASED ON MENTAL DISEASE OR DEFECT - DILIGENCE OF COUNSEL - WHETHER DEFENDANT WAS DEPRIVED OF THE EFFECTIVE ASSISTANCE OF COUNSEL BY COUNSEL'S CHOICE TO PURSUE A DEFENSE BASED ON MENTAL DISEASE OR DEFECT WHILE RELYING ON THE TESTIMONY OF A PHARMACOLOGICAL WITNESS; County Court, Monroe County, convicted defendant, after a nonjury trial, of two counts of manslaughter in the second degree, vehicular manslaughter in the first degree, two counts of vehicular manslaughter in the second degree, vehicular assault in the second degree, driving while ability impaired by drugs, and one-way violation; App. Div. modified by vacating the convictions of two counts of vehicular manslaughter in the second degree, and driving while ability impaired by drugs, and dismissing counts four, five and seven of the indictment.

HERNANDEZ (RODOLFO), PEOPLE v (127 AD3d 991):
2nd Dept. App. Div. order of 4/15/15; affirmance; leave to appeal granted by Pigott, J., 8/14/15; CRIMES - RIGHT OF CONFRONTATION - ADMISSION OF CHILD'S OUT-OF-COURT COMMUNICATIONS, AS TESTIFIED TO BY HER PARENTS - EXCITED UTTERANCE EXCEPTION TO THE HEARSAY RULE - WHETHER CHILD'S COMMUNICATIONS WERE NONTESTIMONIAL IN NATURE; WHETHER VERDICT WAS AGAINST THE WEIGHT OF THE EVIDENCE; Supreme Court, Richmond County, convicted defendant, upon a jury verdict, of sexual abuse in the first degree and endangering the welfare of a child, and imposed sentence; App. Div. affirmed.

INGRAM (TYRELL), PEOPLE v (125 AD3d 558):
1st Dept. App. Div. order of 2/24/15; affirmance; leave to appeal granted by Read, J., 8/14/15; CRIMES - WITNESSES - IMPEACHMENT - POLICE OFFICER - WHETHER THE TRIAL COURT CORRECTLY PRECLUDED DEFENSE COUNSEL FROM CROSS EXAMINING POLICE OFFICER WITNESS ABOUT AN UNRELATED FEDERAL CIVIL RIGHTS LAWSUIT IN WHICH THE POLICE OFFICER WAS NAMED AS A DEFENDANT; Supreme Court, Bronx County, convicted defendant, after a jury trial, of criminal possession of a weapon in the second degree, and sentenced him, as a second felony offender, to a term of 12 years; App. Div. affirmed.

PARRILLA (ELLIOT), PEOPLE v (112 AD3d 517):
1st Dept. App. Div. order of 12/19/13; affirmance; leave to appeal granted by Read, J., 8/17/15; CRIMES - POSSESSION OF WEAPON - WHETHER THE TRIAL COURT ERRED IN INSTRUCTING THE JURY THAT TO BE GUILTY OF POSSESSING A "GRAVITY KNIFE" (PENAL LAW § 265.01[1]), DEFENDANT HAD TO KNOW THAT HE HAD A KNIFE IN HIS POSSESSION, AND NOT THAT THE KNIFE HAD THE CHARACTERISTICS OF A "GRAVITY KNIFE" (PENAL LAW § 265.00[5]) - MENS REA; RIGHT TO IMPARTIAL JURY - TRIAL COURT'S REFUSAL TO DISCHARGE A JUROR WHO REPORTED THAT LIVING NEAR DEFENDANT'S EX-GIRLFRIEND COULD AFFECT HER JUDGMENT IN THE CASE; Supreme Court, New York County, convicted defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentenced him, as a second felony offender, to a term of 2 1/2 to 5 years; App. Div. affirmed.