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For September 1, 2017 through September 7, 2017, the following preliminary appeal statements were filed:

GOLD v NEW YORK LIFE INSURANCE COMPANY (153 AD3d 216):
1st Dept. App. Div. order of 7/18/17; modification with dissents; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution; Arbitration--Agreement to Arbitrate--Whether the Appellate Division erred in determining that plaintiff Kartal's arbitration agreement containing a class action waiver is unenforceable as violating section 7 of the National Labor Relations Act--employee wage dispute with employer; Supreme Court, New York County, granted defendants' motion for summary judgment dismissing the second, third and fourth causes of action as to all plaintiffs except plaintiff Kartal, and granted defendants' motion to compel Kartal to arbitrate her claims; App. Div. modified to grant defendants' motion for summary judgment dismissing the second, third and fourth causes of action as to all plaintiffs, and to deny the motion to compel Kartal to arbitrate, and otherwise affirmed.

JONES (DAMIAN), PEOPLE v (149 AD3d 407):
1st Dept. App. Div. order of 4/4/17; affirmance; leave to appeal granted by Garcia, J., 8/14/17; Crimes--Enterprise Corruption--whether verdict convicting defendant of enterprise corruption is supported by legally sufficient evidence; proof of "ascertainable structure" under Penal Law §§ 460.10, 460.20; Crimes--Indictment--whether prosecution constructively amended the indictment by introducing a new theory of criminal liability at trial; Crimes--Fair Trial--whether prosecutorial misconduct deprived defendant of a fair trial; Supreme Court, New York County, convicted defendant of enterprise corruption and imposed sentence; App. Div. affirmed.

MANRAGH (ROHAN JR.), PEOPLE v (150 AD3d 762):
2nd Dept. App. Div. order of 5/3/17; affirmance; leave to appeal granted by Fahey, J., 8/23/17; Crimes--Plea of Guilty--Forfeiture of Right to Raise Issues on Appeal-- whether, by pleading guilty, defendant forfeited his claim that the prosecutor failed to inform the grand jury of defendant's request to call a witness to testify before that body; CPL 190.50(6); County Court, Suffolk County, convicted defendant of criminal contempt in the first degree and imposed sentence; App. Div. affirmed.

NICKE v SCHWARTZAPFEL PARTNERS P.C. (148 AD3d 1168):
2nd Dept. App. Div order of 3/29/17; reversal; leave to appeal granted by App. Div., 8/15/17; Rule 500.11 review pending; Bankruptcy--Capacity to Sue--whether plaintiffs, chapter 13 bankruptcy debtors, had capacity to maintain legal malpractice action against law firm that represented bankruptcy trustee in a personal injury action asserted on behalf of one of the plaintiffs; Estoppel--Collateral Estoppel--whether collateral estoppel barred plaintiff from commencing legal malpractice action; Supreme Court, Nassau County, granted those branches of defendants' separate motions to dismiss the complaint insofar as asserted against each of them; App. Div. reversed and denied the motions.

THIBODEAU (GARY), PEOPLE v (151 AD3d 1548):
4th Dept. App. Div. order of 6/9/17; affirmance; leave to appeal granted by Centra, J., 8/3/17; Rule 500.11 review pending; Crimes--Vacatur of Judgment of Conviction-- whether County Court erred in denying that part of defendant's CPL 440.10 motion alleging a Brady violation; Newly Discovered Evidence--whether County Court properly denied that part of defendant's CPL 440.10 motion based on newly discovered evidence; Evidence--whether third-party admissions were admissible hearsay; Claim of Actual Innocence--whether county court's rejection of defendant's newly discovered evidence claim constituted an implicit rejection of his actual innocence claim; County Court, Oswego County, denied defendant's CPL 440.10 motion to vacate his judgment of conviction; App. Div. affirmed.

For September 8, 2017 through September 14, 2017, the following preliminary appeal statements were filed:

ADAMS, MATTER OF v NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION (151 AD3d 1770):
4th Dept. App. Div. order of 6/9/17; modification; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Prisons and Prisoners--Discipline of Inmates--Whether inmate was denied his right to call witnesses; whether alleged chain of custody violation required reversal; whether inmate was denied adequate employee assistance where employee assistant incorrectly informed inmate that requested document did not exist; whether misbehavior report was sufficiently specific to enable inmate to prepare a defense; alleged due process and equal protection violations; Supreme Court, Erie County, dismissed the article 78 petition; App. Div. (1) modified by granting the petition in part and annulling that part of the determination finding that petitioner violated inmate rules 113.23 (7 NYCRR 270.2 [B][14][xiii]) and 114.10 (7 NYCRR 270.2 [B][15][i]) and, as so modified, affirmed the judgment and (2) directed respondent to expunge from petitioner's institutional record all references to the violation of the cited rules.

MORRISON-ALLEN v STATE OF NEW YORK (152 AD3d 509):
2nd Dept. App. Div. order of 7/5/17; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; State--Claim Against State--Whether the Court of Claims properly dismissed claimant's claim for, among other things, damages for the wrongful termination of her parental rights; claimed due process violations; Court of Claims granted defendant's motion pursuant to CPLR 3211(a) and Court of Claims Act §§ 9 and 10 to dismiss the claim; App. Div. affirmed.

NEW YORK CIVIL LIBERTIES UNION, MATTER OF v NEW YORK CITY POLICE DEPARTMENT (148 AD3d 642):
1st Dept. App. Div. order of 3/30/17; reversal; Records--Freedom of Information Law--Whether Civil Rights Law § 50-a exempts from disclosure written disciplinary decisions of the New York City Police Department, despite that the disciplinary trials are open to the public and redaction of identifying information is available; whether respondents' previous disclosure of other redacted records waives any objection to redacting the subject disciplinary decisions; application of Public Officers Law § 87, Matter of Short v Board of Mgrs. of Nassau County Med. Ctr. (57 NY2d 399 [2001]), Karlin v McMahon (96 NY2d 842 [2001]); Supreme Court, New York County, adhering to orders of the same court (10/16/12, 7/29/14 and 10/2/14), granted, to a limited extent, the petition brought pursuant to CPLR article 78 seeking to compel respondents to disclose certain records pursuant to the Freedom of Information Law; App. Div. reversed, denied the petition and dismissed the proceeding.

REEVES (KEVIN), PEOPLE v (152 AD3d 1173):
4th Dept. App. Div. order of 7/7/17; reversal; sua sponte examination whether the appeal has been rendered moot by virtue of defendant's guilty plea and sentencing; Crimes--Identification of Defendant--Whether unreliability of an undercover police officer's identification of defendant, absent any finding of suggestiveness, can serve as a basis to suppress the identification; whether the police officer's identification of defendant was reliable; application of CPL 710.20; County Court, Onondaga County, convicted defendant, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree; App. Div. reversed, granted that part of defendant's omnibus motion to suppress pretrial identification testimony, and granted a new trial.

For September 15, 2017 through September 21, 2017, the following preliminary appeal statements were filed:

BOYD (MARK), PEOPLE v (152 AD3d 53):
1st Dept. App. Div. order of 6/13/17; affirmance; leave to appeal granted by Acosta, PJ., 8/22/17; Rule 500.11 review pending; Crimes--Instructions--Submission of noninclusory concurrent count to jury--whether the trial court abused its discretion in granting People's request to dismiss the count of unlawful possession of an air pistol or BB gun and submitting to the jury only those counts relating to defendant's possession of a pistol; evidence--whether certain evidentiary rulings deprived defendant of a meaningful opportunity to present a defense; right to counsel--whether trial counsel was ineffective for failing to request admission of defendant's out-of-court post-arrest statement; district and prosecuting attorneys--alleged prosecutorial misconduct; Supreme Court, Bronx County, convicted defendant, after a jury trial, of criminal possession of a weapon in the third degree; App. Div. affirmed.

CISSE (ALI), PEOPLE v (149 AD3d 435):
1st Dept. App. Div. order of 4/6/17; affirmance; leave to appeal granted by Fahey, J., 8/23/17; Rule 500.11 review pending; Crimes--Evidence--Whether defendant's telephone calls from prison were admitted into evidence in violation of federal and/or state wiretapping statutes, or right to counsel and due process protections; suppression--whether various physical items should have been suppressed as fruits of an improper stop and search; whether the trial court improperly asked the jury whether it had reached a partial verdict; claimed ineffective assistance of counsel--counsel failed to move to suppress a suggestive identification and to dismiss the reckless endangerment count; whether the trial court erred in rejecting a voluntariness instruction to the jury; Supreme Court, New York County, convicted defendant, upon a jury verdict, of two counts of robbery in the first degree, robbery in the second degree, two counts of attempted robbery in the first degree, attempted robbery in the second degree, two counts of criminal possession of a weapon in the second degree, reckless endangerment in the first degree, and criminal possession of a weapon in the third degree, and sentenced him to an aggregate term of 12 years; App. Div. affirmed.

FERRARA v PEACHES CAFÉ LLC (138 AD3d 1391):
4th Dept. App. Div. order of 4/29/16; reversal; leave to appeal granted by Court of Appeals, 9/5/17; Liens--Mechanic's Lien--Whether defendant owner consented to improvements on real property it leased to a tenant who contracted for the improvements, thereby permitting imposition of a lien on the property under Lien Law § 3; whether lease indemnification clause extinguished owner's responsibility to pay for contractor's work; Supreme Court, Monroe County, denied plaintiff's motion for partial summary judgment on its first cause of action and granted that part of the motion of defendant COR Ridge Road Company, LLC, seeking summary judgment dismissing the first cause of action against it; App. Div. reversed, denied the motion of defendant COR Ridge Road Company, LLC, reinstated the first cause of action, granted plaintiff's motion for partial summary judgment on the first cause of action, and remitted the matter to Supreme Court for an inquest on the issue of damages with respect to the first cause of action; Supreme Court, pursuant to a stipulation, awarded plaintiff $62,000 in damages.

FENG LI, AN ATTORNEY, MATTER OF (2017 NY Slip Op 80314[U]):
2nd Dept. App. Div. order of 7/19/17; suspension of attorney; examination, on Court's own motion, of whether a substantial constitutional question is directly involved to support an appeal as of right; Attorney and Client--Disciplinary Proceedings-- Application by Grievance Committee for the Ninth Judicial District to impose discipline on respondent attorney based upon disciplinary action taken against him by the Supreme Court of New Jersey--attorney's disbursement of funds to himself from judgment recovered for client after dispute as to amount of attorney's fees; claimed due process and other constitutional violations related to the reciprocal discipline imposed; App. Div., among other things, granted petitioner Grievance Committee's application to impose reciprocal discipline, and suspended respondent Feng Li from the practice of law for a period of three years; thereafter, the App. Div., among other things, denied respondent attorney's motion for leave to reargue, and to resettle and amend the suspension order.

FLORES (ALEX), RAMIREZ (LUCIO), AGUILAR (BENIGNO), FLORES (EMMANUEL), PEOPLE v (153 AD3d 182):
2nd Dept. App. Div. order of 7/5/17; reversal; leave to appeal granted by Dillon, J., 8/28/17; Rule 500.11 review pending; Crimes--Jurors--Selection of Jurors--whether trial court's empaneling of an anonymous jury was improper under CPL 270.15 and deprived defendants of their right to a fair trial; whether error in empaneling anonymous jury was harmless; County Court, Orange County, convicted defendant Alex Flores, upon a jury verdict, of gang assault in the first degree, gang assault in the second degree, assault in the first degree, and two counts of assault in the second degree (8/6/10 order); and, convicted defendant Lucio Ramirez, upon a jury verdict, of gang assault in the first degree, gang assault in the second degree, assault in the first degree, two counts of assault in the second degree, and criminal possession of a weapon in the fourth degree (8/9/10 order); and convicted defendant Benigno Aguilar, upon a jury verdict, of gang assault in the first degree, gang assault in the second degree, assault in the first degree, two counts of assault in the second degree, criminal possession of a weapon in the fourth degree (8/31/10 order); and convicted defendant Emmanuel Flores, upon a jury verdict, of gang assault in the first degree, gang assault in the second degree, two counts of assault in the second degree, and imposed sentence on all defendants; App. Div. reversed the judgments of conviction and ordered a new trial.

GRIMES (JAKIM), PEOPLE v (148 AD3d 1724):
4th Dept. App. Div. order of 3/24/17; denial of motion for a writ of coram nobis; leave to appeal granted by Wilson, J., 8/17/17; Crimes--Right to Counsel--Effective Representation--Whether, under the New York State Constitution, an attorney's failure to file a criminal leave application on a defendant's behalf at the Court of Appeals deprives the defendant of the effective assistance of counsel or due process of law; App. Div. denied defendant's motion for a writ of error coram nobis.

PENA, MATTER OF v NEW YORK STATE GAMING COMMISSION (144 AD3d 1244):
3rd Dept. App. Div. order of 11/3/16; annulled determination; leave to appeal granted by Court of Appeals, 9/7/17; Horse Racing--Revocation or Suspension of License--Trainer--Whether New York State Gaming Commission's determination revoking petitioner's licenses to participate in pari-mutuel harness racing for three years is supported by substantial evidence--veterinary records; App. Div. granted the petition and annulled respondent Gaming Commission's determination which, among other things, revoked petitioner's licenses to participate in pari-mutuel harness racing for a period of three years.

JAMES Q. (COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES; JAMES Q.; SUFFOLK COUNTY DISTRICT ATTORNEY), MATTER OF (— AD3d —, 2017 NY Slip Op 06222):
3rd Dept. App. Div. order of 8/17/17; modification with dissents; sua sponte examination whether the order appealed from finally determines the proceeding within the meaning of the Constitution and whether the two-Justice dissent at the App. Div. is on a question of law; Records--Sealing of Records--Motion to seal record of CPL 330.20 retention proceeding--whether the Appellate Division erred in determining that the confidentiality provisions of the Mental Hygiene Law do not require the sealing of documents filed in a CPL 330.20 (9) subsequent retention proceeding; redaction; Supreme Court, Franklin County, in a proceeding pursuant to CPL 330.20, denied respondent James Q.'s motion to seal the record of the proceeding; App. Div. modified by reversing so much of the Supreme Court order as failed to redact the record of respondent's retention proceeding and, as so modified, affirmed.

S. (ANONYMOUS), AN ATTORNEY, MATTER OF:
1st Dept. App. Div. order of 7/31/17; denied motion; 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; Attorney and Client--Disciplinary Proceedings--Challenge to Appellate Division order denying attorney's motion to transfer disciplinary proceeding to another Appellate Division department; alleged constitutional violations; App. Div., among other things, denied respondent attorney's motion to transfer an attorney disciplinary proceeding to another App. Div. department.

WORD, PEOPLE ex rel. v STATE OF NEW YORK (2017 NY Slip Op 83887[U]):
4th Dept. App. Div. order of 8/23/17; denial of motion; sua sponte examination whether the order appealed from finally determines the proceeding within the meaning of the Constitution, whether a substantial constitutional question is directly involved to support an appeal as of right, and whether any other basis exists for an appeal as of right; Habeas Corpus--Challenge to Appellate Division order denying petitioner's motion for a final determination of a habeas corpus proceeding; alleged illegal detention and violation of petitioner's due process rights; App. Div. denied petitioner's motion for a final determination of a habeas corpus proceeding pursuant to CPLR 7010.