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For August 17, 2012 through August 23, 2012, the following preliminary appeal statements were filed:

ABREU (CARLOS), PEOPLE v (89 AD3d 412):
1st Dept. App. Div. order of 11/1/11; affirmance; leave to appeal granted by Ciparick, J., Rule 500.11 review pending; CRIMES - SENTENCE - CONCURRENT AND CONSECUTIVE TERMS - WHETHER CONSECUTIVE SENTENCES WERE IMPROPERLY IMPOSED FOR MURDER OCCURRING DURING ARMED HOME INVASION BURGLARY/ROBBERY; ADMISSION OF HEARSAY STATEMENT BY NON-TESTIFYING CO-CONSPIRATOR; ADMISSION OF ACCOMPLICE'S PRIOR INCONSISTENT STATEMENTS; Supreme Court, New York County convicted defendant, upon a jury verdict, of murder in the first degree, robbery in the first degree, burglary in the first degree, and criminal possession of a weapon in the second and third degrees, and sentenced him to an aggregate term of 35 years to life; App. Div. affirmed.

ABREU, MATTER OF v FISCHER (97 AD3d 877):
3rd Dept. App. Div. order of 7/5/12; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right or whether any other jurisdictional basis exists to support an appeal as of right; PRISONS AND PRISONERS - CONDITIONS OF CONFINEMENT - LIMITATION ON AMOUNT OF PERSONAL PROPERTY PRISONERS ARE PERMITTED TO POSSESS - DENIAL OF GRIEVANCE BY PRISONER WHO HAD A TOTAL OF SIX TO EIGHT BAGS OF PERSONAL PROPERTY, INCLUDING THREE TO FOUR BAGS OF LEGAL PAPERS RELATED TO 20 PENDING LAWSUITS, BUT WAS ONLY ALLOWED TO HAVE A TOTAL OF FIVE BAGS OF PERSONAL PROPERTY, INCLUDING LEGAL MATERIALS, PURSUANT TO DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION DIRECTIVE; Supreme Court, Albany County dismissed petitioner's application, in a CPLR article 78 proceeding, to review a determination of respondent Central Office Review Committee denying his grievance; App. Div. affirmed.

BELLAMY, MATTER OF v NEW YORK CITY POLICE DEPARTMENT (87 AD3d 874):
1st Dept. App. Div. order of 9/8/11; reversal; leave to appeal granted by App. Div., 7/17/12; Rule 500.11 review pending; RECORDS - FREEDOM OF INFORMATION LAW (FOIL) - DENIAL OF FOIL REQUEST SEEKING UNREDACTED VERSIONS OF POLICE REPORTS BASED UPON PUBLIC SAFETY EXEMPTION (PUBLIC OFFICERS LAW § 87 [2][f]) AND PRIVACY EXEMPTION (PUBLIC OFFICERS LAW § 87 [2][b]); Supreme Court, New York County granted a petition to compel respondent to disclose police reports containing the names and statements of witnesses who did not testify at petitioner's trial; thereafter, the same court denied respondent's motion to renew and granted respondent's motion for reargument only to the extent of clarifying the scope of redaction of the documents; App. Div reversed and denied the petition.

MARRA (ISIDORO), PEOPLE v (96 AD3d 1623):
4th Dept. App. Div. order of 6/15/12; modification; leave to appeal granted by Pigott, J., 8/14/12; CRIMES - EVIDENCE - WHETHER THE TRIAL COURT ERRED IN ADMITTING INTO EVIDENCE PHOTOGRAPHS OF RAPE VICTIM TAKEN AT THE HOSPITAL THAT DEPICTED MARKS AND BRUISES; RIGHT TO COUNSEL - EFFECTIVE REPRESENTATION - ALLEGED INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL; ALLEGED PROSECUTORIAL MISCONDUCT DURING SUMMATION; Herkimer County Court convicted defendant, upon a jury verdict, of rape in the first degree; App. Div. modified to reduce the sentence and otherwise affirmed.

PERRINGTON (DONALD), PEOPLE v (89 AD3d 529):
1st Dept. App. Div. order of 11/15/11; affirmance; leave to appeal granted by Lippman, Ch. J., 8/9/12; CRIMES - UNLAWFUL SEARCH AND SEIZURE - AUTOMOBILE PRESUMPTION (PENAL LAW § 265.15 [3]) - CRIMINAL POSSESSION OF A WEAPON IN THE SECOND DEGREE - WHETHER THE TRIAL COURT ERRED IN RULING THAT A CO-DEFENDANT'S STATEMENT ADMITTING OWNERSHIP OF THE GUN WAS INSUFFICIENTLY RELIABLE TO PERMIT ITS INTRODUCTION AS A DECLARATION AGAINST PENAL INTEREST; Supreme Court, New York County convicted defendant, after a jury trial, of criminal possession of a weapon in the second degree, and sentenced him, as a second violent felony offender, to a term of 8 years; App. Div. affirmed.

PHILADELPHIA INSURANCE COMPANY, MATTER OF (UTICA NATIONAL INSURANCE GROUP) (97 AD3d 1153):
4th Dept. App. Div. order of 7/6/12; reversal with dissents; ARBITRATION - AWARD - CONFIRMING OR VACATING AWARD - WAIVER OF CONTENTION THAT CLAIM FOR REIMBURSEMENT OF FIRST-PARTY INSURANCE BENEFITS IS NOT ARBITRABLE UNDER INSURANCE LAW § 5105; WHETHER ARBITRATION PANEL EXCEEDED ITS POWER IN FINDING THAT THE MOTOR VEHICLE INSURED BY RESPONDENT WAS USED "FOR HIRE"; AUTOMOBILE INSURANCE; Supreme Court, Erie County granted the petition to vacate an arbitration award and denied the cross motion to confirm the award; App. Div. reversed, denied the petition, granted the cross motion, and confirmed the arbitration award.

RODRIGUEZ (REYES), PEOPLE v (92 AD3d 586):
1st Dept. App. Div. order of 2/23/12; affirmance; leave to appeal granted by Pigott, J., 8/13/12; CRIMES - RIGHT OF CONFRONTATION - WHETHER DEFENDANT'S RIGHT OF CONFRONTATION WAS VIOLATED BY POLICE OFFICER'S TESTIMONY REGARDING WHAT HE WAS TOLD BY A NON- TESTIFYING COOPERATOR REGARDING DEFENDANT'S NICKNAME; WHETHER DEFENSE COUNSEL PRESERVED A CONFRONTATION CLAUSE CHALLENGE TO A NONTESTIFYING CO-DEFENDANT'S STATEMENT TO AN ACCOMPLICE WITNESS AND, IF SO, WHETHER TESTIMONY CONCERNING THE STATEMENT VIOLATED DEFENDANT'S RIGHT OF CONFRONTATION; WHETHER THE APPELLATE DIVISION ERRED IN HOLDING THAT SUFFICIENT NONACCOMPLICE TESTIMONY EXISTED TO SATISFY THE ACCOMPLICE CORROBORATION REQUIREMENT IN CPL 60.22; ALLEGED DISCOVERY AND ROSARIO VIOLATIONS; Supreme Court, New York County convicted defendant, after a jury trial, of robbery in the first degree and conspiracy in the second and fourth degrees, and sentenced him to concurrent terms of 12 years, 6 to 18 years, and 1 and 1/3 to 4 years, respectively; App. Div. affirmed.

SHABAZZ (OMAR), PEOPLE v (89 AD3d 529):
1st Dept. App. Div. order of 11/15/11; affirmance; leave to appeal granted by Lippman, Ch. J., 8/9/12; CRIMES - UNLAWFUL SEARCH AND SEIZURE - AUTOMOBILE PRESUMPTION (PENAL LAW § 265.15[3]) - CRIMINAL POSSESSION OF A WEAPON IN THE SECOND DEGREE - WHETHER THE TRIAL COURT ERRED IN RULING THAT A CO-DEFENDANT'S STATEMENT ADMITTING OWNERSHIP OF THE GUN WAS INSUFFICIENTLY RELIABLE TO PERMIT ITS INTRODUCTION AS A DECLARATION AGAINST PENAL INTEREST - WHETHER PEOPLE v CONCEPCION (17 NY3d 192 [2011]) AND CPL 470.15 PRECLUDED THE APPELLATE DIVISION FROM RULING THAT DEFENDANT ALSO FAILED TO ESTABLISH THE DECLARANT'S UNAVAILABILITY; SUFFICIENCY OF THE EVIDENCE; ALLEGED PROSECUTORIAL MISCONDUCT - DENIAL OF MISTRIAL MOTION; Supreme Court, New York County convicted defendant, after a jury trial, of criminal possession of a weapon in the second degree, and sentenced him, as a second violent felony offender, to a term of 8 years; App. Div. affirmed.

For August 24, 2012 through August 30, 2012, the following preliminary appeal statements were filed:

ABREU, MATTER OF v HOGAN (2012 NY Slip Op 78618[U]):
3rd Dept. App. Div. order of 7/6/12; denial of motion for leave to appeal to Court of Appeals; sua sponte examination whether the order finally determines the proceeding within the meaning of the Constitution; MOTIONS AND ORDERS - CHALLENGE TO APPELLATE DIVISION ORDER DENYING MOTION FOR PERMISSION TO APPEAL TO THE COURT OF APPEALS; App. Div. denied appellant's motion for permission to appeal to the Court of Appeals.

PEOPLE ex rel. PONS v LEE (2012 NY Slip Op 78923[U]):
2nd Dept. App. Div. order of 7/16/12; denied motion for reargument; sua sponte examination whether the order appealed from finally determines the proceeding within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; MOTIONS AND ORDERS - CHALLENGE TO APPELLATE DIVISION ORDER DENYING A MOTION TO REARGUE A MOTION FOR LEAVE TO APPEAL AS A POOR PERSON AND FOR ASSIGNMENT OF COUNSEL; App. Div. denied appellant's motion for leave to reargue his prior motion for leave to prosecute an appeal from a 3/2/12 Supreme Court, Dutchess County, order as a poor person and for assignment of counsel.

DOLL (SCOTT F.), PEOPLE v (2012 NY Slip Op 05450):
4th Dept. App. Div. order of 7/6/12; affirmance with dissents; leave to appeal granted by Fahey, J., 8/20/12; CRIMES - SUPPRESSION HEARING - WHETHER STATEMENTS MADE BY DEFENDANT, INCLUDING THOSE IN RESPONSE TO QUESTIONS BY LAW ENFORCEMENT OFFICERS, SHOULD HAVE BEEN SUPPRESSED WHERE THE STATEMENTS WERE MADE WITHOUT MIRANDA WARNINGS AND AFTER DEFENDANT INVOKED THE RIGHT TO COUNSEL - CPL 60.45 - APPLICABILITY OF "EMERGENCY" OR "PUBLIC SAFETY" EXCEPTION; UNLAWFUL SEARCH AND SEIZURE - ALLEGED VIOLATIONS OF PEOPLE v DeBOUR (40 NY2d 210) AND DUNAWAY v NEW YORK (442 US 200) - CHALLENGE TO SEIZURE OF VEHICLES AND OTHER PHYSICAL EVIDENCE - VALIDITY OF SEARCH WARRANTS; Genesee County Court convicted defendant, upon a jury verdict, of murder in the second degree; App. Div. affirmed.

DUTROW, MATTER OF v NEW YORK STATE RACING AND WAGERING BOARD (97 AD3d 1034):
3rd Dept. App. Div. order of 7/19/12; confirmation of determination; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; HORSE RACING - REVOCATION OR SUSPENSION OF LICENSE - TRAINER - ADMINISTRATION OF RESTRICTED DRUGS - WHETHER PETITIONER WAS DEPRIVED OF A FAIR HEARING BECAUSE THE CHAIR OF RESPONDENT NEW YORK STATE RACING AND WAGERING BOARD REFUSED TO RECUSE HIMSELF - WHETHER THE APPELLATE DIVISION APPLIED THE CORRECT STANDARD OF LAW IN DETERMINING THAT PETITIONER WAS NOT DEPRIVED OF A FAIR HEARING - DETERMINATION RESULTING FROM ALLEGED VINDICTIVENESS - BURDEN OF PROOF TO ESTABLISH A POST- RACE POSITIVE DRUG TEST - PENALTY; App. Div. confirmed respondent's determination which, among other things, revoked petitioner's license to participate in pari-mutuel racing for a period of 10 years, and dismissed the CPLR article 78 petition.

FLOYD (DANIEL), PEOPLE v (95 AD3d 1138):
2nd Dept. App. Div. order of 5/15/12; affirmance; leave to appeal granted by Graffeo, J., 8/16/12; Rule 500.11 review pending; CRIMES - RIGHT TO PUBLIC TRIAL - CLOSURE OF COURTROOM - TRIAL COURT EXCLUDED DEFENDANT'S MOTHER FROM THE COURTROOM DURING THE JURY VOIR DIRE DUE TO LACK OF SEATING; Supreme Court, Kings County convicted defendant, upon a jury verdict, of murder in the second degree, manslaughter in the second degree, and criminal possession of a weapon in the second degree, and imposed sentence; App. Div. affirmed.

PLATEK v TOWN OF HAMBURG (97 AD3d 1118):
4th Dept. App. Div. order of 7/6/12; modification; sua sponte examination whether (1) the appeal from the Supreme Court order was timely taken, (2) any jurisdictional basis exists to support a direct appeal from the Supreme Court order and (3) the Appellate Division order finally determines the action within the meaning of the Constitution; INSURANCE - EXCLUSIONS - WATER DAMAGE - EXCEPTION FOR "EXPLOSION" - WHETHER THE APPELLATE DIVISION ERRED IN HOLDING THAT THE "EXPLOSION" EXCEPTION WAS AMBIGUOUS AND, THUS, HAD TO BE CONSTRUED IN FAVOR OF THE INSURED; Supreme Court, Erie County granted plaintiffs' motion for summary judgment, declared that plaintiffs' loss is covered by the subject insurance policy, directed defendant Allstate Indemnity Company to pay plaintiffs' claim and denied Allstate's cross motion for summary judgment dismissing the complaint against it; App. Div. modified by vacating the declaration.

SANTIAGO (HECTOR), PEOPLE v (91 AD3d 506):
1st Dept. App. Div. order of 1/17/12; affirmance; leave to appeal granted by Smith, J., 8/21/12; CRIMES - WHETHER TRIAL COURT ERRED IN DENYING DEFENDANT'S REQUEST FOR A CIRCUMSTANTIAL EVIDENCE CHARGE TO THE JURY IN A DRUG POSSESSION CASE INVOLVING PRESENCE OF A CONTROLLED SUBSTANCE IN AN AUTOMOBILE - "PRESUMPTIVE EVIDENCE OF KNOWING POSSESSION...BY EACH AND EVERY PERSON IN THE AUTOMOBILE" (PENAL LAW § 220.25[1]) - CONSTRUCTIVE POSSESSION; EXCESSIVE SENTENCE; Supreme Court, New York County convicted defendant, after a jury trial, of criminal possession of a controlled substance in the first degree, and sentenced him to a term of 14 years; App. Div. affirmed.

For August 31, 2012 through September 6, 2012, the following preliminary appeal statements were filed:

ABREU, MATTER OF v FISCHER (96 AD3d 1416):
4th Dept. App. Div. judgment of 6/8/12; confirmation of determinations; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right and whether any other jurisdictional basis exists to support an appeal as of right; PRISONS AND PRISONERS - DISCIPLINE OF INMATES - CHALLENGE TO ADMINISTRATIVE DETERMINATIONS FINDING THAT PETITIONER VIOLATED VARIOUS INMATE RULES; App. Div. confirmed respondent's determinations, after Tier III hearings, that petitioner had violated various inmate rules, and dismissed the CPLR article 78 petition.

ROMANELLO v INTESA SANPAOLO, S.P.A. (97 AD3d 449):
1st Dept. App. Div. order of 7/7/12; modification; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution; CIVIL RIGHTS - DISCRIMINATION IN EMPLOYMENT - DISABILITY - ALLEGED VIOLATIONS OF NEW YORK STATE HUMAN RIGHTS LAW AND NEW YORK CITY HUMAN RIGHTS LAW - FAILURE TO GRANT INDEFINITE MEDICAL LEAVE - EMPLOYER'S DUTY TO ENGAGE IN GOOD FAITH INTERACTIVE PROCESS TO IDENTIFY A REASONABLE ACCOMMODATION - RETALIATION - MOTION TO DISMISS; Supreme Court, New York County granted defendants' motion to dismiss the first through fifth and eighth and ninth causes of action, and denied the motion as to the seventh cause of action; App. Div. modified to grant the motion as to the seventh cause of action, and otherwise affirmed.

SAPERSTON, MATTER OF v HOLDAWAY (93 AD3d 1271):
4th Dept. App. Div. order of 3/23/12; modification; Rule 500.11 review pending; PARENT AND CHILD - CUSTODY - WHETHER THE APPELLATE DIVISION ERRED IN DETERMINING THAT FAMILY COURT'S DETERMINATION WITH RESPECT TO PRIMARY PHYSICAL CUSTODY LACKS A SOUND AND SUBSTANTIAL BASIS IN THE RECORD; RELOCATION OF CHILD; Family Court, Erie County granted the parties joint custody of their child and designated father the primary residential parent in Family Court Act article 6 proceeding; App. Div. modified by awarding primary physical custody of the child to mother, and remitted to Family Court for further proceedings to fashion an appropriate visitation schedule; Family Court incorporated Parenting Time/Access Agreement into final order on petition for custody and visitation.