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For August 28, 2015 through September 3, 2015, the following preliminary appeal statements were filed:

CONSTELLATION NUCLEAR POWER PLANTS, MATTER OF v TAX APPEALS TRIBUNAL OF THE STATE OF NEW YORK (131 AD3d 185):
3rd Dept. App. Div. judgment of 7/16/15; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; TAXATION - FRANCHISE TAX ON BUSINESS CORPORATIONS - INVESTMENT AND INDUSTRIAL MANUFACTURING TAX CREDITS - WHETHER ASSETS USED AT NUCLEAR POWER PLANTS TO CONVERT WATER TO STEAM AND STEAM TO WATER SHOULD BE TREATED AS PRINCIPALLY USED IN THE PRODUCTION OF GOODS BY MANUFACTURING OR PROCESSING WHERE THE POWER PLANTS GENERATE AND SELL ELECTRICITY AS AN END PRODUCT; ELIGIBILITY OF ASSETS CLAIMED TO BE AIR POLLUTION AND CONTROL WASTE TREATMENT FACILITIES FOR CERTAIN TAX CREDITS WHERE PETITIONER FAILED TO OBTAIN REQUIRED CERTIFICATIONS FROM THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (DEC) - CONSTITUTIONALITY OF DEC CERTIFICATION REQUIREMENT AS APPLIED TO PETITIONER - TAX LAW § 210.12(b)(iii) - ALLEGED VIOLATION OF PETITIONER'S RIGHT TO THE EQUAL PROTECTION OF THE LAW UNDER THE STATE AND FEDERAL CONSTITUTIONS; App. Div. confirmed a determination of the Tax Appeals Tribunal denying petitioner's application for a refund of investment tax credits under Tax Law article 9-A, and dismissed the CPLR article 78 petition.

JUSTINIAN CAPITAL SPC v WestLB AG (128 AD3d 553):
1st Dept. App. Div. order of 5/21/15; affirmance; leave to appeal granted by Court of Appeals, 8/27/15; CONTRACTS - BREACH OR PERFORMANCE OF CONTRACT - FRAUD - AGREEMENT TO PURCHASE NOTES - WHETHER PLAINTIFF'S PURPORTED PURCHASE OF NOTES FROM NONPARTY BANK WAS SUFFICIENT BASIS FOR PLAINTIFF TO AVAIL ITSELF OF THE SAFE HARBOR PROVISION OF THE CHAMPERTY STATUTE (JUDICIARY LAW § 489[1]) - IF NOT, WHETHER PLAINTIFF'S ACQUISITION OF THE NOTES WAS CHAMPERTOUS; Supreme Court, New York County, granted the "renewed motion to dismiss the complaint on the ground of champerty" by defendants WestLB, New York Branch and WestLB Asset Management (US) LLC; App. Div. affirmed.

ALEXANDER S., MATTER OF (STEUBEN COUNTY DEPARTMENT OF SOCIAL SERVICES; DAVID S. AND ALECIA P.) (130 AD3d 1463):
4th Dept. App. Div. order of 7/2/15; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; PARENT, CHILD AND FAMILY - ABUSED OR NEGLECTED CHILD - TERMINATION OF PARENTAL RIGHTS - WHETHER PETITIONER DEPARTMENT OF SOCIAL SERVICES MET ITS BURDEN OF ESTABLISHING BY "CLEAR AND CONVINCING EVIDENCE" THAT THE CHILD IS A PERMANENTLY NEGLECTED CHILD; CLAIMED VIOLATION OF PARENTS' CONSTITUTIONAL RIGHTS; Family Court, Steuben County, among other things, terminated respondents' parental rights with respect to the subject child; App. Div. affirmed.

STATE OF NEW YORK, MATTER OF v RICHARD TT. (132 AD3d 72):
3rd Dept. App. Div. order of 8/13/15; reversal with two-Justice dissent; sua sponte examination whether the order appealed from finally determines the proceeding within the meaning of the Constitution; CRIMES - SEX OFFENDERS - CIVIL COMMITMENT OR SUPERVISION - SEX OFFENDER MANAGEMENT TREATMENT ACT (SOMTA) - WHETHER THE APPELLATE DIVISION CORRECTLY HELD THAT SUPREME COURT ABUSED ITS DISCRETION IN GRANTING RESPONDENT'S MOTION TO VACATE ORDERS DETERMINING THAT RESPONDENT HAS A MENTAL ABNORMALITY AND WAS A DANGEROUS SEX OFFENDER REQUIRING CONFINEMENT - SUFFICIENCY OF THE EVIDENCE OF MENTAL ABNORMALITY UNDER MATTER OF STATE OF NEW YORK v DONALD DD. (24 NY3d 174 [2014]); Supreme Court, Warren County, in a proceeding pursuant to Mental Hygiene Law article 10, granted respondent's motion to, among other things, vacate two prior orders of the court; App. Div. reversed, and denied the motion.

WEBER, MATTER OF (131 AD3d 38):
2nd Dept. App. Div. order of 7/1/15; 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 - SUSPENSION - EMPLOYMENT OF DISBARRED ATTORNEY AS A LEGAL ASSISTANT; CLAIMED DUE PROCESS VIOLATIONS; App. Div., among other things, granted the motion of petitioner Grievance Committee for the Tenth Judicial District to confirm the report of the Special Referee, and suspended respondent from the practice of law for a period of two years, commencing August 1, 2015.

For September 4, 2015 through September 10, 2015, the following preliminary appeal statements were filed:

ESTRELLITA A., MATTER OF v JENNIFER D. (123 AD3d 1023):
2nd Dept. App. Div. order of 12/24/14; affirmance; leave to appeal granted by Court of Appeals, 9/1/15; PARENT, CHILD AND FAMILY - VISITATION - WHETHER FORMER SAME SEX PARTNER OF BIOLOGICAL MOTHER OF CHILD HAS STANDING TO SEEK VISITATION WITH THE CHILD UPON THE GROUND THAT MOTHER WAS JUDICIALLY ESTOPPED FROM ARGUING THAT HER FORMER PARTNER WAS NOT A PARENT OF THE CHILD WITHIN THE MEANING OF DOMESTIC RELATIONS LAW § 70 WHERE MOTHER SUCCESSFULLY SOUGHT AN AWARD OF CHILD SUPPORT FROM HER FORMER PARTNER ON THE GROUND THAT HER FORMER PARTNER WAS A PARENT OF THE CHILD; Family Court, Suffolk County, granted Estrellita A.'s petition to the extent of awarding her visitation with the subject child; App. Div. affirmed.

LEO, MATTER OF (2014 NY Slip Op 94061[U]):
2nd Dept. App. Div. order of 12/26/14; denial of motions for reinstatement to the Bar; leave to appeal granted by Court of Appeals, 8/27/15; ATTORNEY AND CLIENT - REINSTATEMENT - DENIAL - WHETHER DUE PROCESS OF LAW REQUIRES THE APPELLATE DIVISION TO ARTICULATE THE REASONS FOR DENYING MOTIONS FOR REINSTATEMENT TO THE BAR - ALLEGED INCORRECT FINDINGS OF FACT - MOVANT'S RELIANCE ON ADVICE OF COUNSEL WHEN UNDERTAKING CERTAIN ACTIONS; App. Div. denied motions for reinstatement to the Bar as an attorney and counselor-at-law and, in effect, for reinstatement notwithstanding the recommendation of the Committee on Character and Fitness to deny reinstatement.

THREE AMIGOS SJL REST., INC., v CBS NEWS, INC. (132 AD3d 82):
1st Dept. App. Div. order of 8/4/15; affirmance with a two-Justice dissent; LIBEL AND SLANDER - ACTIONABLE WORDS - WHETHER DEFENDANTS' MOTION TO DISMISS LIBEL CLAIMS ASSERTED BY CERTAIN INDIVIDUAL PLAINTIFFS WAS PROPERLY GRANTED UPON THE GROUND THAT THE CHALLENGED STATEMENTS WERE NOT "OF AND CONCERNING" THOSE PLAINTIFFS; Supreme Court, New York County, among other things, granted defendants' motion to dismiss all claims asserted by plaintiffs Dominica O'Neill, Shawn Callahan, and Philip Stein pursuant to CPLR 3211(a)(1) and (7); App. Div. affirmed.

For September 11, 2015 through September 17, 2015, the following preliminary appeal statements were filed:

ALLARD (DRU), PEOPLE v (128 AD3d 1081):
2nd Dept. App. Div. order of 5/27/15; reversal; leave to appeal granted by Fahey, J., 9/3/15; CRIMES - RIGHT TO SPEEDY TRIAL - PRESERVATION OF ISSUE FOR REVIEW - WHETHER THE APPELLATE DIVISION CORRECTLY HELD THAT DEFENDANT'S CPL 30.30 CLAIM WAS PRESERVED FOR APPELLATE REVIEW; Supreme Court, Kings County, denied defendant's CPL 30.30 motion to dismiss the indictment (9/19/08 order), and convicted defendant of two counts of menacing in the second degree as a hate crime, upon a jury verdict, and imposed sentence (6/9/10 judgment); App. Div. reversed the judgment, granted defendant's CPL 30.30 motion to dismiss the indictment on the ground that he was denied his statutory right to a speedy trial, dismissed the indictment, and remitted the matter to Supreme Court for entry of an order in its discretion pursuant to CPL 160.50.

BROOKE S.B., MATTER OF, v ELIZABETH C.C. (129 AD3d 1578):
4th Dept. App. Div. order of 6/19/15; affirmance; leave to appeal granted by Court of Appeals, 9/1/15; PARENT, CHILD AND FAMILY - VISITATION - CUSTODY - WHETHER FORMER SAME-SEX PARTNER OF CHILD'S BIOLOGICAL MOTHER, WHO DID NOT ADOPT CHILD, HAS STANDING TO SEEK VISITATION OR CUSTODY UNDER ARTICLE 5 OF THE DOMESTIC RELATIONS LAW; Family Court, Chautauqua County, dismissed the petition for custody and visitation; App. Div. affirmed.

MANUFACTURERS AND TRADERS TRUST CO. v BERTHOLE (130 AD3d 881):
2nd Dept. App. Div. order of 7/22/15; affirmance; 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; TRUSTS - CONSTRUCTIVE TRUST - ALLEGED DUE PROCESS VIOLATION ARISING FROM SUPREME COURT'S DENIAL OF MOTION TO DISTRIBUTE TO MOVANT SURPLUS FUNDS FROM SALE OF PROPERTY IN A MORTGAGE FORECLOSURE ACTION WITHOUT A HEARING AND BASED UPON A REVIEW OF FILE IN SEPARATE GUARDIANSHIP PROCEEDING; Supreme Court, Queens County, in an action to foreclose a mortgage, denied so much of defendant Gladys Menardy's motion as sought distribution to her of surplus funds from the sale of real property which had been subject to the mortgage; App. Div. affirmed.

McGHEE (ISMA), PEOPLE v (125 AD3d 537):
1st Dept. App. Div. order of 2/24/15; affirmance; leave to appeal granted by Abdus-Salaam, J., 9/4/15; CRIMES - WITNESSES - RIGHT OF CONFRONTATION AND TO PRESENT A DEFENSE - WHETHER DEFENDANT SHOULD HAVE BEEN PERMITTED TO CROSS EXAMINE SUPERVISING DETECTIVE ABOUT AN UNRELATED FEDERAL CIVIL RIGHTS LAWSUIT IN WHICH THE DETECTIVE WAS NAMED AS A DEFENDANT; PROOF OF OTHER CRIMES - WHETHER THE TRIAL COURT PROPERLY EXERCISED ITS DISCRETION IN RULING THAT DEFENDANT'S IMPEACHMENT OF THE DETECTIVE REGARDING A DISCREPANCY IN A DOCUMENT PREPARED BY HIM OPENED THE DOOR TO EVIDENCE OF THE DETECTIVE'S KNOWLEDGE OF DEFENDANT'S INVOLVEMENT IN UNCHARGED DRUG SALES THAT WERE PART OF THE SAME INVESTIGATION; SENTENCE - SECOND FELONY DRUG OFFENDER - PRIOR VIOLENT FELONY - WHETHER DEFENDANT'S CONVICTION OF CRIMINAL POSSESSION OF A WEAPON IN THE THIRD DEGREE QUALIFIES AS A VIOLENT FELONY; Supreme Court, New York County, convicted defendant, after a jury trial, of 10 counts of criminal sale of a controlled substance in the third degree, and sentenced him, as a second felony drug offender whose prior felony conviction was a violent felony, to concurrent terms of 12 years; App. Div. affirmed.