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For September 20, 2013 through September 26, 2013, the following preliminary appeal statements were filed:

HORTON THOMAS, PEOPLE v:
Wayne County Court order of 1/30/13; affirmance; leave to appeal granted by Smith, J., 9/17/13; CRIMES - TAMPERING WITH WITNESS - DEFENDANT POSTED ON HIS FACEBOOK ACCOUNT A PICTURE OF A WOMAN WHO ACTED AS AN INFORMANT IN A CASE INVOLVING DEFENDANT'S BEST FRIEND AND LABELED HER A "SNITCH" - NO EVIDENCE OF THREATS OR INTIMIDATION - WHETHER THE EVIDENCE WAS LEGALLY SUFFICIENT TO SUPPORT DEFENDANT'S CONVICTION FOR TAMPERING WITH A WITNESS IN THE FOURTH DEGREE (PENAL LAW § 215.10); Galen Town Court convicted defendant, after a jury trial, of tampering with a witness in the fourth degree; County Court, Wayne County, affirmed.

NEW YORK CITY ASBESTOS LITIGATION, MATTER OF (106 AD3d 617):
1st Dept. App. Div. order of 5/28/13; reversal; leave to appeal granted by Court of Appeals, 9/12/13; PUBLIC AUTHORITIES - CLAIMS AGAINST PUBLIC AUTHORITIES - COMPLIANCE WITH NOTICE OF CLAIM REQUIREMENTS - WHETHER A NOTICE OF CLAIM THAT STATED PERSONAL INJURY CLAIMS ARISING OUT OF A WORKER'S EXPOSURE TO ASBESTOS AND DEVELOPMENT OF MALIGNANT MESOTHELIOMA, PROVIDED THE REQUIRED 60-DAY NOTICE WITH RESPECT TO SURVIVORSHIP AND WRONGFUL DEATH CAUSES OF ACTION CONTAINED IN AMENDED COMPLAINT FILED AFTER WORKER DIED - APPLICABILITY OF "SUBSTANTIAL COMPLIANCE" DOCTRINE; Supreme Court, New York County, awarded plaintiffs damages; App. Div. reversed, vacated the judgment, denied plaintiffs' motion for a default judgment against defendant Port Authority of New York and New Jersey, granted defendant's motion to dismiss the complaint for lack of subject matter jurisdiction, and directed the clerk to enter judgment accordingly.

NOREX PETROLEUM LIMITED v BLAVATNIK (105 AD3d 659):
4th Dept. App. Div. order of 4/25/13; affirmance; leave to appeal granted by Court of Appeals, 9/12/13; LIMITATION OF ACTIONS - TOLLING - DISMISSAL OF COMPLAINT AS TIME-BARRED AFTER APPLYING NEW YORK'S BORROWING STATUTE AND THE PROVINCE OF ALBERTA'S STATUTE OF LIMITATIONS - WHETHER APPELLATE DIVISION ERRED IN DETERMINING THAT THE TOLLING PROVISION OF 28 USC § 1367(d) DOES NOT APPLY IN THIS CASE BECAUSE CPLR 205(a) PROVIDES FOR A LONGER TOLLING PERIOD - WHETHER CPLR 205(a) APPLIES WHERE CPLR 202 REQUIRES THE APPLICATION OF FOREIGN LAW WHICH HAS NO TOLLING PROVISION; Supreme Court, New York County, among other things, granted the motions of various defendants to dismiss the complaint as against them, and denied plaintiff's motion to supplement the record on defendants' motions; App. Div. affirmed.

ROA, PEOPLE ex rel. v LEE (2013 NY Slip Op 81679[U]):
2nd Dept. App. Div. order of 8/6/13; denial of application; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; HABEAS CORPUS - CHALLENGE TO APPELLATE DIVISION ORDER DENYING APPLICATION FOR A WRIT OF HABEAS CORPUS; App. Div. denied petitioner's application for a writ of habeas corpus.

STATE OF NEW YORK, MATTER OF v DONALD DD. (107 AD3d 1062):
3rd Dept. App. Div. order of 6/6/13; affirmance; leave to appeal granted by Court of Appeals, 9/17/13; CRIMES - SEX OFFENDERS - CIVIL COMMITMENT OR SUPERVISION - MENTAL ABNORMALITY - DIAGNOSIS OF ANTISOCIAL PERSONALITY DISORDER (ASPD) - WHETHER ASPD CAN CONSTITUTE A MENTAL ABNORMALITY REQUIRING CIVIL COMMITMENT; Supreme Court, Greene County, granted petitioner's application, in a proceeding pursuant to Mental Hygiene Law article 10, to find respondent to be a dangerous sex offender and confined him to a secure treatment facility; App. Div. affirmed.

UNION SQUARE PARK COMMUNITY COALITION, INC. v NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION (107 AD3d 525):
1st Dept. App. Div. order of 6/18/13; reversal; leave to appeal granted by Court of Appeals, 9/17/13; PARKS AND PARKWAYS - PUBLIC TRUST DOCTRINE - WHETHER PROPOSED USE OF DEDICATED PARKLAND AS A RESTAURANT SERVES A PARK PURPOSE - WHETHER THE CONCESSION AGREEMENT BETWEEN THE CITY AND RESTAURANT COMPANY IS A LEASE OF PARKLAND REQUIRING APPROVAL BY THE STATE LEGISLATURE; Supreme Court, New York County, granted plaintiffs' motion for a preliminary injunction restraining defendants from altering Union Square Park's pavilion to accommodate a restaurant, granting any further approvals for the restaurant, implementing a license agreement and operating the restaurant, and denied defendants' cross motion to dismiss the complaint or for summary judgment; App. Div. reversed, denied plaintiffs' motion for a preliminary injunction, and granted defendants' cross motion to dismiss the complaint.

For September 27, 2013 through October 3, 2013, the following preliminary appeal statements were filed:

COLEMAN (EARL), PEOPLE v (110 AD3d 76):
3rd Dept. App. Div. order of 8/1/13; reversal; leave to appeal granted by Stein, J., 9/17/13; CRIMES - SENTENCE - WHETHER DEFENDANT IS ELIGIBLE FOR RESENTENCING UNDER CPL 440.46 - DRUG LAW REFORM ACT OF 2009 - EXCLUSION FOR "PERSON WHO IS SERVING A SENTENCE ON A CONVICTION FOR OR HAS A PREDICATE FELONY CONVICTION FOR AN EXCLUSION OFFENSE" (CPL 440.46[5]) - DEFINITION OF "EXCLUSION OFFENSE"; County Court, Sullivan County, denied defendant's CPL 440.46 motion for resentencing; App. Div. reversed and remitted to County Court for further proceedings not inconsistent with the decision.

GIAMBRONE v KINGS HARBOR MULTICARE CENTER (104 AD3d 546):
1st Dept. App. Div. order of 3/21/13; affirmance; leave to appeal granted by App. Div., 7/30/13; Rule 500.11 review pending; LIMITATION OF ACTIONS - CLAIM IN AMENDED PLEADING - WHETHER A DERIVATIVE CLAIM FOR LOSS OF SERVICES RELATED BACK TO SPOUSE'S MEDICAL MALPRACTICE COMPLAINT FOR PURPOSES OF THE STATUTE OF LIMITATIONS, PURSUANT TO CPLR 203(f); Supreme Court, Bronx County, granted plaintiff's motion to amend the complaint against defendant Kings Harbor Multicare Center to name his wife as an additional plaintiff and to assert a derivative cause of action on her behalf for loss of consortium and spousal services; App. Div. affirmed.

LAINFIESTA, MATTER OF v STATE OF NEW YORK (2013 NY Slip Op 78278[U]):
3rd Dept. App. Div. order of 6/27/13; denial of motion; sua sponte examination whether the order appealed from finally determines the proceeding within the meaning of the Constitution and whether any jurisdictional basis exists to support an appeal as of right; APPEAL - APPELLATE DIVISION - DENIAL OF MOTION FOR EXTENSION OF TIME TO MOVE FOR RECONSIDERATION AND REARGUMENT AND FOR RECONSIDERATION AND REARGUMENT; App. Div. denied motion for extension of time to move for reconsideration and reargument and for reconsideration and reargument.

NESMITH v ALLSTATE INSURANCE COMPANY (103 AD3d 190):
4th Dept. App. Div. order of 2/1/13; reversal; leave to appeal granted by Court of Appeals, 9/17/13; INSURANCE - CONSTRUCTION OF POLICY - PROPERTY INSURANCE - WHETHER A NONCUMULATION CLAUSE IN THE POLICY BARS A PLAINTIFF FROM RECOVERING THE FULL LIABILITY AMOUNT WHERE SEPARATE PLAINTIFFS ARE INJURED DURING SUCCESSIVE RENEWAL PERIODS OF THE POLICY - WHETHER EXPOSURE OF UNRELATED CHILDREN TO LEAD-BASED PAINT IN THE SAME APARTMENT DURING SUCCESSIVE TENANCIES CONSTITUTES ONE OCCURRENCE UNDER THE TERMS OF THE POLICY, THEREBY LIMITING DEFENDANT'S AGGREGATE LIABILITY TO A SINGLE FULL COVERAGE AMOUNT; DECLARATORY JUDGMENT; Supreme Court, Monroe County, among other things, denied defendant's motion for summary judgment and granted that part of plaintiffs' cross motion seeking a declaration; App. Div. reversed, denied plaintiffs' cross motion in its entirety, granted defendant's motion insofar as declaratory relief was sought, and granted judgment in favor of defendant declaring that plaintiffs' losses are encompassed by the $500,000 per occurrence limit in the insurance policy at issue.

SPEARS (KELVIN), PEOPLE v (106 AD3d 1534):
4th Dept. App. Div. order of 5/3/13; affirmance; leave to appeal granted by Pigott, J., 9/23/13; CRIMES - PLEA OF GUILTY - SUFFICIENCY OF ALLOCUTION - WAIVER OF RIGHT TO APPEAL - WHETHER THE TRIAL COURT ABUSED ITS DISCRETION IN DENYING DEFENDANT'S REQUEST AT SENTENCING FOR AN ADJOURNMENT SO HE COULD CONSULT WITH COUNSEL ABOUT A MOTION TO VACATE HIS GUILTY PLEA; Supreme Court, Monroe County, convicted defendant, upon his guilty plea, of sexual abuse in the second degree; App. Div. affirmed.