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For August 23, 2019 through August 29, 2019, the following preliminary appeal statements were filed:

HAIGLER, MATTER OF v LILLEY (APP. DIV. NO. 528234) (173 AD3d 1597):
3rd Dept. App. Div. order of 6/27/19; confirmation of determination; sua sponte examination on whether any basis for an appeal as of right; Prisons and Prisoners-- Discipline of Inmates--Whether the Appellate Division properly confirmed the determination of respondent finding petitioner guilty of a prison disciplinary rule; App. Div. confirmed determination of respondent finding petitioner guilty of a prison disciplinary rule, and dismissed petitioner's CPLR article 78 petition.

PATTERSON (RUDY), PEOPLE v (173 AD3d 1737):
4th Dept. App. Div. order of 6/14/19; modification; leave to appeal granted by Lindley, J., 7/29/19; Rule 500.11 review pending; Crimes--Jurors--Challenge to Juror for Cause--Whether trial court erred in denying defendant's challenge for cause to a prospective juror; Crimes--Suppression--Whether the court properly denied defendant's motion to suppress physical evidence and statements; Crimes--Right to Counsel--Whether court abused its discretion in reassigning a certain attorney to serve as defense counsel when the court previously relieved the same attorney due to an apparent conflict of interest; Crimes--Witnesses--Whether court properly allowed police officer to testify on matters relating to drug transactions that were not within the common knowledge or experience of the average juror; Crimes-- Appeal--Preservation of Issue for Review--challenge to prosecutor allegedly vouching for police witnesses; Supreme Court, Monroe County, convicted defendant of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fifth degree; App. Div. modified, by reversing that part of the judgment convicting defendant of criminal possession of a controlled substance in the fifth degree and granted a new trial on that count of the indictment, and, as so modified, affirmed the judgment.

PROTECT THE ADIRONDACKS v NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (175 AD3d 24):
3rd Dept. App. Div. order of 7/3/19; reversal; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right and whether plaintiff is a party aggrieved; Constitutional Law--State Constitutional Law-- Whether the plan of defendants Adirondack Park Agency and Department of Environmental Conservation to construct Class II Community Connector trails in the Forest Preserve of the Adirondack Park would result in an unconstitutional destruction of "timber" in violation of article XIV, § 1; Supreme Court, Albany County, entered upon a decision of the court in favor of defendants; App. Div. reversed and declared that planned construction of trails violates NY Constitution, article XIV, § 1.

For August 30, 2019 through September 5, 2019, the following preliminary appeal statements were filed:

DELGADO v STATE OF NEW YORK:
Supreme Court, Albany County, judgment of 6/7/19; sua sponte examination of whether a direct appeal lies pursuant to CPLR 5601(b)(2); Constitutional Law--Validity of Statute--Whether Part HHH of Chapter 59 of the Laws of 2018 violates the New York State Constitution; Supreme Court (1) granted defendants' motion to the extent of (a) dismissing the first, third and fourth causes of action in their entirety and (b) dismissing the second cause of action with the exception of claims related to the recommendations and determinations of the Committee on Legislative and Executive Compensation effective January 1, 2020 and beyond that contemplate prohibited activities and limitations on outside earned income, and (2) declared said recommendations and determinations null and void.

GRAFTON, PEOPLE ex rel. v FLUDD (2019 NY Slip Op 75326[U]):
2nd Dept. App. Div. order of 7/17/19; denial of writ of habeas corpus; sua sponte examination whether any basis exists to support an appeal as of right; Habeas Corpus-- Petition--Whether the Appellate Division properly denied petitioner's application for a writ of habeas corpus; App. Div., among other things, denied application for a writ of habeas corpus.

GURVEY, MATTER OF v GARRY (2019 NY Slip Op 75444[U]):
4th Dept. App. Div. order of 7/17/19; dismissal of CPLR article 78 proceeding; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Proceeding Against Body or Officer--When Remedy Available--Dismissal of CPLR article 78 proceeding seeking mandamus relief; alleged constitutional violations; App. Div. granted respondents' motion to dismiss the CPLR article 78 proceeding.

MURPHY v TOWN OF OYSTER BAY (171 AD3d 1079; 2019 NY Slip Op 77467[U]):
2nd Dept. App. Div. orders of 4/17/19 and 8/15/19; denial of leave to appeal; sua sponte examination of 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; Navigable Waters--Public Right of Use--State Ownership of Underwater Lands--Whether the lower courts properly concluded that certain underwater lands belong to the State of New York rather than the Town of Oyster Bay; Supreme Court, Nassau County, among other things, granted the motion of defendant State of New York for summary judgment, denying the cross motion of the defendant Town of Oyster Bay for summary judgment, and declaring that the boundary line between Oyster Bay and Long Island Sound is the line running east from Rocky Point in Oyster Bay to Whitewood Point on Lloyd's Neck, and that defendant State of New York owns all of the underwater lands north of that line; Ap. Div. affirmed insofar as appealed from and denied leave to renew or leave to appeal to Court of Appeals.

PEOPLE CARE INCORPORATED, d/b/a ASSISTED CARE, MATTER OF v THE CITY OF NEW YORK HUMAN RESOURCES ADMINISTRATION (— AD3d —, 2019 NY Slip Op 05756):
1st Dept. App. Div. order of 7/23/19; affirmance with two-Justice dissents; Social Services--Recoupment of Overpayments--Whether respondent The City of New York Human Resources Administration Department of Social Services has the authority to audit and recover overpayments of funds provided pursuant to the Health Care Reform Act from petition, a personal care service provider; Supreme Court, New York County, among other things, granted the petition, brought pursuant to CPLR article 78, seeking to annul respondents' October 20, 2008 audit which demanded recoupment of $6,998,432 from petitioner, and enjoining respondents from recouping those funds; App. Div. affirmed.

WESLOWSKI, MATTER OF v DAY (2019 NY Slip Op 75194[U]):
2nd Dept. App. Div. order of 7/16/19; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Appeal--Dismissal--Dismissal of appeal for failure to comply with prior order of the court; Supreme Court, Rockland County, granted the petition to the extent of directing the County respondent to deliver copies of the requested records upon prepayment of costs; App. Div. granted that branch of respondents' motion to dismiss the appeal for failure to comply with a prior order of the court, and denied as academic that branch of the motion to extend respondents' time to serve and file a brief.

WORTHAM (TYRONE), PEOPLE v (160 AD3d 431):
1st Dept. App. Div. order of 4/5/18; affirmance; leave to appeal granted by Stein, J., 8/15/19; Crimes--Confession--Statement Made in Response to Pedigree Question-- Whether admissions made in response to routine booking questions asked during the execution of a search warrant that are not designed to elicit an incriminating response are admissible under the pedigree exception to the requirements of Miranda v Arizona (384 US 436), even if the answer is reasonably likely to be incriminating; Crimes--Evidence--DNA Identification Tests--Whether defendant was entitled to a hearing pursuant to Frye v United States (293 F 1013 [DC Cir 1923]) to determine the reliability of forensic statistical tool DNA evidence; Supreme Court, New York County, convicting defendant, following a jury trial, of two counts of second-degree criminal possession of a weapon, two counts of third-degree criminal possession of a weapon, two counts of third- and seventh-degree criminal possession of a controlled substance, two counts of second-degree criminally using drug paraphernalia, two counts of endangering the welfare of a child, and sentencing him, as a second violent felony offender, to an aggregate term of 9 years; App. Div. affirmed.