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For September 9, 2011 through September 15, 2011, the following preliminary appeal statements were filed:

ABREU, MATTER OF v BEZIO (84 AD3d 1596):
3rd Dept. App. Div. order of 5/19/11; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; PRISONS AND PRISONERS - DISCIPLINE OF INMATES - CHALLENGE TO THREE DETERMINATIONS FINDING PETITIONER GUILTY OF VIOLATING PRISON DISCIPLINARY RULES; Supreme Court, Albany County dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review three determinations of the Commissioner of Correctional Services finding petitioner guilty of violating certain prison disciplinary rules; App. Div. affirmed.

RILEY (LOUIS), PEOPLE v (85 AD3d 431):
1st Dept. App. Div. order of 6/7/11; modification; leave to appeal granted by Pigott, J., 8/30/11 (two orders); CRIMES - LARCENY - PROOF OF VALUE - WHETHER THE LABOR COST MAY BE COUNTED TOWARD THE REPLACEMENT COST OF STOLEN COPPER PIPES AND AN INSTALLED PLUMBING SYSTEM; DISPOSAL OF STOLEN PROPERTY (PENAL LAW § 450.10) - WHETHER THE TRIAL COURT PROPERLY DECLINED TO IMPOSE ANY SANCTION ON THE PEOPLE FOR FAILURE TO PROVIDE NOTICE OF THE RETURN OF STOLEN PROPERTY TO THE OWNER; Supreme Court, New York County, upon a jury verdict, convicted defendant of grand larceny in the second degree, criminal possession of stolen property in the second degree, burglary in the third degree, and six counts of possession of burglar's tools, and sentenced him, as a second felony offender, to an aggregate term of 4 1/2 to 9 years; App. Div. modified to the extent of reducing the convictions of grand larceny in the second degree and criminal possession of stolen property in the second degree to petit larceny and criminal possession of stolen property in the fifth degree, respectively, and imposing a sentence of time served on each of the reduced convictions.

SAVIK, MURRAY & AURORA CONSTRUCTION MANAGEMENT COMPANY, LLC v ITT HARTFORD INSURANCE GROUP (86 AD3d 490):
1st Dept. App. Div. order of 7/28/11; modification with dissents; Rule 500.11 review pending; INSURANCE - DUTY TO DEFEND AND INDEMNIFY - UNTIMELY NOTICE OF OCCURRENCE - WHETHER THE APPELLATE DIVISION ERRED IN HOLDING AS A MATTER OF LAW THAT PLAINTIFF FAILED TO PROVIDE CERTAIN DEFENDANT INSURERS TIMELY NOTICE OF THE UNDERLYING OCCURRENCE - PROVISION REQUIRING INSURED TO PROVIDE INSURANCE CARRIER, AS SOON AS PRACTICABLE, NOTICE OF "AN 'OCCURRENCE' OR AN OFFENSE WHICH MAY RESULT IN A CLAIM"; Supreme Court, New York County, upon reargument, effectively adhered to its judgment, entered May 12, 2009, which declared the verified amended complaint dismissed; App. Div. modified to declare that ITT Hartford Insurance Group and QBE Insurance Corp. had no duty to defend plaintiff in the underlying arbitration, and affirmed as so modified.

For September 16, 2011 through September 22, 2011, the following preliminary appeal statements were filed:

HAILEY ZZ., MATTER OF v TOMPKINS COUNTY DEPARTMENT OF SOCIAL SERVICES (RICKY ZZ.) (85 AD3d 1265):
3rd Dept. App. Div. order of 6/2/11; affirmance; leave to appeal granted by Court of Appeals, 9/15/11; PARENT AND CHILD - TERMINATION OF PARENTAL RIGHTS - PERMANENT NEGLECT - WHETHER SUPREME COURT ERRED IN DETERMINING THAT PETITIONER MADE DILIGENT EFFORTS TO STRENGTHEN THE PARENT-CHILD RELATIONSHIP AND THAT FATHER FAILED TO PLAN FOR THE FUTURE OF THE CHILD - WHETHER SUPREME COURT PROPERLY DENIED FATHER'S REQUEST FOR A SUSPENDED JUDGMENT OR POST-TERMINATION VISITATION; Supreme Court, Tompkins County determined that respondent father permanently neglected his child and thereafter terminated his parental rights; App. Div. affirmed.

HARRIS (CALVIN), PEOPLE v (88 AD3d 83):
3rd Dept. App. Div. order of 7/28/11; affirmance; leave to appeal granted by Malone, J., 9/7/11; CRIMES - MURDER IN THE SECOND DEGREE - SUFFICIENCY OF THE EVIDENCE - CONVICTION BASED ON CIRCUMSTANTIAL EVIDENCE; JURORS - SELECTION OF JURY - WHETHER TRIAL COURT ERRED IN DENYING DEFENDANT'S CHALLENGE FOR CAUSE OF PROSPECTIVE JUROR WHO ACKNOWLEDGED SHE HAD EXPRESSED A PREEXISTING OPINION REGARDING DEFENDANT'S GUILT OR INNOCENCE; EVIDENCE - RECLUSION OF EXCULPATORY STATEMENTS BY UNAVAILABLE WITNESS - ADMISSION OF VICTIM'S HEARSAY STATEMENTS WITHOUT INSTRUCTING THE JURY THAT STATEMENTS WERE NOT ADMITTED FOR THEIR TRUTH; ALLEGED PROSECUTORIAL MISCONDUCT; ALLEGED DENIAL OF FAIR TRIAL DUE TO PRETRIAL PUBLICITY; Tioga County Court convicted defendant of murder in the second degree; App. Div. affirmed.

PC GROUP, LLC, MATTER OF v GRANNIS (83 AD3d 848):
2nd Dept. App. Div. order of 4/12/11; reversal; leave to appeal granted by Court of Appeals, 9/13/11; PROCEEDING AGAINST BODY OR OFFICER - MANDAMUS - WHETHER MANDAMUS LIES TO COMPEL RESPONDENTS TO HOLD AN IMMEDIATE ADMINISTRATIVE HEARING TO REVIEW THEIR DENIAL OF PETITIONER'S PERMIT APPLICATION FOR DEVELOPMENT OF A TIDAL WETLANDS AREA; ENVIRONMENTAL CONSERVATION; Supreme Court, Richmond County denied respondents' motion to dismiss the petition, granted the petition and directed respondents to immediately conduct an adjudicatory hearing and issue a determination on the merits of the denial of petitioner's permit application; App. Div. reversed, granted the motion to dismiss the petition and dismissed the proceeding.

STRAY FROM THE HEART, INC., MATTER OF v DEPARTMENT OF HEALTH AND MENTAL HYGIENE OF THE CITY OF NEW YORK (83 AD3d 521):
1st Dept. App. Div. order of 4/19/11; reversal; leave to appeal granted by Court of Appeals, 9/13/11; PROCEEDING AGAINST BODY OR OFFICER - MANDAMUS - STANDING - WHETHER PETITIONER ANIMAL WELFARE ORGANIZATION HAS STANDING TO CHALLENGE THE ALLEGED FAILURE OF CITY RESPONDENTS TO PROVIDE FULL-SERVICE ANIMAL SHELTERS IN ALL FIVE BOROUGHS AS REQUIRED BY THE CITY ANIMAL SHELTERS AND STERILIZATION ACT (ADMINISTRATIVE CODE OF CITY OF NY § 17-801, et seq.); Supreme Court, New York County granted the petition to compel respondents to comply with their obligation under the City Animal Shelters and Sterilization Act to provide full-service animal shelters in all five boroughs; App. Div. reversed, denied the petition and dismissed the article 78 proceeding for lack of standing.

For September 23, 2011 through September 29, 2011, the following preliminary appeal statements were filed:

MANKO v LENOX HILL HOSPITAL (2011 NY Slip Op 77315[U]):
2nd Dept. App. Div. order of 6/30/11; sua sponte examination whether the June 30, 2011 App. Div. 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 - CHALLENGE TO APPELLATE DIVISION ORDER DENYING PLAINTIFF'S MOTION TO RECALL AND VACATE A PRIOR APPELLATE DIVISION ORDER; App. Div. denied plaintiff's motion to recall and vacate a May 10, 2011 App. Div. order, which denied her prior motion to vacate so much of a February 8, 2011 App. Div. order as dismissed appeals from four Supreme Court, Kings County orders.

MAYS (CALVIN), PEOPLE v (85 AD3d 1700):
4th Dept. App. Div. order of 6/17/11; affirmance; leave to appeal granted by Fahey, J., 9/7/11; Rule 500.11 review pending; CRIMES - APPEAL - PRESERVATION OF ISSUE FOR REVIEW - INTERACTION BETWEEN PROSECUTOR AND JURORS DURING DELIBERATIONS WHILE VIDEO RECORDING REPLAYED - ALLEGED MODE OF PROCEEDINGS ERROR; Supreme Court, Monroe County convicted defendant, upon a jury verdict, of two counts of robbery in the first degree and two counts of robbery in the second degree; App. Div. affirmed.

NEW YORK CITY TRANSIT AUTHORITY, MATTER OF v NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD (78 AD3d 1184):
2nd Dept. App. Div. judgment of 11/30/10; confirmation of determination; leave to appeal granted by Court of Appeals, 9/22/11; CIVIL SERVICE - IMPROPER LABOR PRACTICES - CIVIL SERVICE LAW § 209-a(1)(d) - TRANSIT AUTHORITY'S ADOPTION OF STRICTER STANDARDS GOVERNING OFF-DUTY SECONDARY EMPLOYMENT OF TRAIN OPERATORS, CONDUCTORS, AND TOWER OPERATORS WITHOUT COLLECTIVELY BARGAINING WITH EMPLOYEES' UNION - WHETHER TRANSIT AUTHORITY ESTABLISHED RIGHT TO UNILATERALLY ADOPT NEW STANDARDS TO PROMOTE PUBLIC SAFETY; App. Div. confirmed a determination of the New York Public Employment Relations Board (PERB), which reversed a decision of an administrative law judge that dismissed, after a hearing, the improper labor practice charge of the Transport Workers Union of Greater New York, Local 100, alleging that petitioner violated Civil Service Law § 209- a(1)(d), and directed petitioner to make whole certain employees; denied the article 78 petition; dismissed the proceeding on the merits and granted PERB's cross petition to enforce its remedial order.

N.J.R. ASSOCIATES v TAUSEND (83 AD3d 596):
1st Dept. App. Div. order of 4/26/11; modification; leave to appeal granted by Court of Appeals, 9/15/11; ARBITRATION - STAY - WHETHER A PETITIONER WHO INITIATES AN ARBITRATION AND SUCCESSFULLY MOVES TO DISMISS A RESPONDENT'S PETITION TO STAY THE ARBITRATION WAIVES ITS RIGHT TO APPLY TO STAY THE ARBITRATION OF RESPONDENT'S COUNTERCLAIMS ON STATUTE OF LIMITATIONS GROUNDS - CPLR 7503(b); Supreme Court, New York County granted a CPLR article 75 petition to stay arbitration of respondent's fraud-based counterclaims, denied respondent's motion to dismiss the petition, and denied respondent's request for sanctions; App. Div. modified by denying the petition and granting the motion to dismiss the petition, and otherwise affirmed.

PLUNKETT (DAVID), PEOPLE v (77 AD3d 1442):
4th Dept. App. Div. order of 10/1/10; affirmance; leave to appeal granted by Lippman, Ch.J., 3/29/11; CRIMES - DANGEROUS INSTRUMENT - WHETHER SALIVA OF PERSON INFECTED WITH HIV CAN BE A DANGEROUS INSTRUMENT WITHIN THE MEANING OF PENAL LAW § 10.00(13); CLAIM THAT TRIAL COURT IMPROPERLY CURTAILED DEFENSE COUNSEL'S QUESTIONING OF PROSPECTIVE JURORS CONCERNING THEIR VIEWS ON MENTAL ILLNESS; GRAND JURY - PROSECUTOR'S ALLEGED FAILURE TO INTRODUCE EXCULPATORY EVIDENCE; Herkimer County Court convicted defendant, upon his guilty plea, of aggravated assault on a police officer or a peace officer and two counts of assault in the second degree; App. Div. affirmed.