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For September 21, 2012 through September 27, 2012, the following preliminary appeal statements were filed:

BELZBERG, MATTER OF v VERUS INVESTMENTS HOLDINGS, INC. (95 AD3d 713):
1st Dept. App. Div. order of 5/24/12; reversal; leave to appeal granted by Court of Appeals, 9/18/12; ARBITRATION - STAY OF ARBITRATION - PROCEEDING PURSUANT TO CPLR ARTICLE 75 TO PERMANENTLY STAY ARBITRATION - WHETHER A NONSIGNATORY TO AN ARBITRATION AGREEMENT SHOULD BE ESTOPPED FROM AVOIDING ARBITRATION BECAUSE HE DIRECTLY BENEFITTED UNDER THE AGREEMENT; Supreme Court, New York County, among other things, granted the petition to permanently stay the arbitration as to petitioner Belzberg, and denied the cross petition to compel Belzberg to arbitrate; App. Div. reversed, denied the petition and granted the cross petition.

NEW YORK STATE OFFICE OF VICTIM SERVICES o/b/o BALOGH, MATTER OF v RAUCCI (97 AD3d 235):
3rd Dept. App. Div. order of 6/7/12; reversal; leave to appeal granted by Court of Appeals, 9/18/12; EMPLOYMENT RELATIONSHIPS - RETIREMENT AND PENSION BENEFITS - WHETHER RETIREMENT AND SOCIAL SECURITY LAW § 110 AND CPLR 5205 (c) PROTECT STATE PENSIONS FROM SEIZURE FOR CRIME VICTIMS UNDER EXECUTIVE LAW § 632-a ("SON OF SAM LAW"); PRISONS AND PRISONERS; PRELIMINARY INJUNCTION; Supreme Court, Albany County denied petitioner's motion for a preliminary injunction in a proceeding pursuant to Executive Law § 632-a; App. Div. reversed, granted petitioner's motion, and remitted the matter to Supreme Court for further proceedings.

CLERMONT (JOCELYN), PEOPLE v (95 AD3d 1349):
2nd Dept. App. Div. order of 5/30/12; affirmance; leave to appeal granted by Miller, J., 9/13/12; CRIMES - RIGHT TO COUNSEL - EFFECTIVE REPRESENTATION - WHETHER DEFENDANT WAS DEPRIVED OF THE EFFECTIVE ASSISTANCE OF COUNSEL AT THE SUPPRESSION HEARING; Supreme Court, Queens County convicted defendant, upon a jury verdict, of criminal possession of a weapon in the second degree and two counts of criminal possession of a weapon in the third degree and imposed sentence; App. Div. affirmed and remitted to Supreme Court for issuance of an amended presentence report and sentence and commitment sheet.

FUNDAMENTAL LONG TERM CARE HOLDINGS, LLC v CAMMEBY'S FUNDING, LLC (92 AD3d 449):
1st Dept. App. Div. order of 2/7/12; affirmance; leave to appeal granted by Court of Appeals, 9/11/12; CONTRACTS - PAROL EVIDENCE RULE - MERGER CLAUSE - OPTION AGREEMENT REGARDING OWNERSHIP INTEREST IN A LIMITED LIABILITY COMPANY - WHETHER OPTION HOLDER'S RIGHTS ARE TO BE DETERMINED UNDER THE OPTION AGREEMENT ALONE OR ARE SUBJECT TO THE MEMBERSHIP REQUIREMENTS IN THE LLC'S OPERATING AGREEMENT; Supreme Court, New York County, among other things, dismissed the complaint and directed the Clerk to enter judgment declaring that plaintiff Fundamental Long Term Care Holdings, LLC must issue ownership of 1/3 of its equity units to defendant Cammeby's Funding LLC's designee without regard to the capital contribution requirement in the LLC operating agreement; App. Div. affirmed.

HAMM (DARYL), PEOPLE v (96 AD3d 1482):
4th Dept. App. Div. order of 6/8/12; modification; leave to appeal granted by Read, J., 9/12/12; CRIMES - WITNESSES - WHETHER THE TRIAL COURT'S RULINGS CURTAILING CROSS EXAMINATION OF A DOCTOR AND OF THE VICTIM'S FATHER DEPRIVED DEFENDANT OF THE RIGHT TO PRESENT A DEFENSE AND THE RIGHT TO A FAIR TRIAL; DUE PROCESS; Supreme Court, Erie County convicted defendant, upon a nonjury verdict, of assault in the first degree and assault in the second degree; App. Div. modified by vacating that part convicting defendant of assault in the second degree and dismissing count three of the indictment.

W. (KEVIN), PEOPLE v (91 AD3d 676):
2nd Dept. App. Div. order of 1/10/12; reversal; leave to appeal granted by Read, J., 9/12/12; CRIMES - SUPPRESSION HEARING - WHETHER PEOPLE v CRANDALL (69 NY2d 459 [1987]) PERMITS A TRIAL COURT TO RE-OPEN A SUPPRESSION HEARING FOR THE PEOPLE TO ADDUCE ADDITIONAL EVIDENCE WHERE THE TRIAL COURT IS REVIEWING A REPORT OF A JUDICIAL HEARING OFFICER; WHETHER REINSTATEMENT OF ORIGINAL SUPPRESSION RULING REQUIRED DISMISSAL OF CHARGE OF RESISTING ARREST; Supreme Court, Queens County convicted defendant, upon a jury verdict, of criminal possession of a weapon in the second degree and resisting arrest, adjudicated defendant a youthful offender, and imposed sentence; App. Div. reversed, granted that branch of defendant's omnibus motion which was to suppress physical evidence, dismissed the indictment and remitted the matter to Supreme Court for the purpose of entering an order in its discretion pursuant to CPL 160.50.

VILLARIN v THE RABBI HASKEL LOOKSTEIN SCHOOL (96 AD3d 1):
1st Dept. App. Div. order of 4/12/12; affirmance with dissents; leave to appeal granted by App. Div., 9/11/12; LABOR - WHISTLEBLOWER LAW - SCHOOL NURSE REPORTING SUSPECTED CHILD ABUSE - WHETHER ALLEGATIONS THAT DEFENDANT SCHOOL TERMINATED PLAINTIFF'S EMPLOYMENT AS THE SCHOOL'S NURSE FOR REPORTING ONE INCIDENT OF SUSPECTED CHILD ABUSE IN ACCORDANCE WITH SOCIAL SERVICES LAW § 413 STATES A CAUSE OF ACTION FOR RETALIATORY TERMINATION UNDER LABOR LAW § 740 - MEANING OF "SUBSTANTIAL AND SPECIFIC DANGER TO PUBLIC HEALTH OR SAFETY"; Supreme Court, New York County, among other things, denied defendant's motion to dismiss the cause of action for retaliatory discharge; App. Div. affirmed.

For September 28, 2012 through October 4, 2012, the following preliminary appeal statements were filed:

DEACON (DERRICK), PEOPLE v (96 AD3d 965):
2nd Dept. App. Div. order of 6/20/12; modification; leave to appeal granted by Graffeo, J., 9/21/12; CRIMES - VACATUR OF JUDGMENT OF CONVICTION - CPL 440.10 MOTION TO VACATE JUDGMENT BASED ON NEWLY DISCOVERY EVIDENCE OR ACTUAL INNOCENCE; PROFFERED EVIDENCE OF CONFESSION TO CRIME BY ANOTHER PERSON - STATEMENT AGAINST PENAL INTEREST; RECANTED TESTIMONY OF AN EYEWITNESS; Supreme Court, Kings County, after a hearing, denied defendant's CPL 440.10 motion to vacate a 1/12/90 judgment convicting him, upon a jury verdict, of two counts of murder in the second degree, robbery in the first degree, and criminal possession of a weapon in the second degree, and for a new trial; App. Div. modified by deleting the provision denying that branch of defendant's CPL 440.10 motion to vacate the judgment of conviction on the ground of newly discovered evidence and for a new trial and substituting therefor a provision granting that branch of the motion, vacated the judgment and ordered a new trial.

FISCHER, MATTER OF v NEW YORK STATE BOARD OF ELECTIONS (98 AD3d 1067):
2nd Dept. App. Div. order of 9/24/12; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; ELECTIONS - DESIGNATING PETITIONS - PROCEEDING PURSUANT TO ELECTION LAW § 16-102 TO VALIDATE PETITIONS PURPORTING TO DESIGNATE PETITIONERS AS CANDIDATES IN THE 9/13/12 PRIMARY ELECTION FOR THE NOMINATION OF THE DEMOCRATIC PARTY AS CANDIDATES FOR THE PUBLIC OFFICES OF TRUSTEES OF THE LONG ISLAND POWER AUTHORITY; Supreme Court, Suffolk County, granted respondents' motions to dismiss the petition for failure to state a cause of action and dismissed the petition; App. Div. affirmed.

GLYNN (JOHN G.), PEOPLE v (93 AD3d 1341):
4th Dept. App. Div. order of 3/23/12; affirmance; leave to appeal granted by Lippman, Ch.J., 7/30/12; CRIMES - JUDGES - RECUSAL - JUDGE'S PREVIOUS REPRESENTATION OF DEFENDANT IN AN UNRELATED MATTER AND PREVIOUS PROSECUTION OF DEFENDANT AS AN ASSISTANT DISTRICT ATTORNEY; ALLEGED INEFFECTIVE ASSISTANCE OF COUNSEL; SUFFICIENCY OF THE EVIDENCE; SENTENCE; Oswego County Court convicted defendant, upon a jury verdict, of criminal possession of marijuana in the second degree, criminal sale of marijuana in the second degree, criminal possession of marijuana in the fourth degree and criminal sale of marijuana in the fourth degree; App. Div. affirmed.

GREATER NEW YORK TAXI ASSOCIATION v STATE OF NEW YORK (2012 NY Slip Op 32221[U]):
Supreme Court, New York County judgment of 9/12/12; sua sponte examination whether a direct appeal lies pursuant to CPLR 5601(b)(2); CONSTITUTIONAL LAW - VALIDITY OF STATUTE - WHETHER CHAPTER 602 OF THE LAWS OF 2011, AS AMENDED BY CHAPTER 9 OF THE LAWS OF 2012 (THE "STREET HAIL LIVERY LAW"), VIOLATES THE HOME RULE CLAUSE OR OTHER PROVISIONS OF THE NEW YORK STATE CONSTITUTION; Supreme Court granted plaintiffs summary judgment on their first and second causes of action; granted defendants summary judgment on plaintiffs' third and fourth causes of action; denied plaintiffs' requests for injunctive relief; declared that the Street Hail Livery Law violates the Home Rule Clause of the New York State Constitution; declared the entire Street Hail Livery Law null and void and unconstitutional, and dismissed plaintiffs' request for attorneys' fees.

METROPOLITAN TAXICAB BOARD OF TRADE v BLOOMBERG (2012 NY Slip Op 32221[U]):
Supreme Court, New York County judgment of 9/12/12; sua sponte examination whether a direct appeal lies pursuant to CPLR 5601(b)(2); CONSTITUTIONAL LAW - VALIDITY OF STATUTE - WHETHER CHAPTER 602 OF THE LAWS OF 2011, AS AMENDED BY CHAPTER 9 OF THE LAWS OF 2012 (THE "STREET HAIL LIVERY LAW"), VIOLATES THE HOME RULE CLAUSE OR OTHER PROVISIONS OF THE NEW YORK STATE CONSTITUTION; Supreme Court granted plaintiffs summary judgment on all claims, denied defendants' motion for summary judgment;denied plaintiffs' requests for injunctive relief; declared that the Street Hail Livery Law violates the Home Rule Clause and other clauses of the New York State Constitution; declared the entire Street Hail Livery Law null and void and unconstitutional; and dismissed plaintiffs' request for attorneys' fees.

MURPHY, MATTER OF v NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL (91 AD3d 481):
2nd Dept. App. Div. order of 1/12/12; affirmance; leave to appeal granted by Court of Appeals, 9/13/12; LANDLORD AND TENANT - RENT REGULATION - SUCCESSION RIGHTS OF FAMILY MEMBERS RESIDING IN MITCHELL-LAMA HOUSING - EXCEPTION TO THE ANNUAL INCOME AFFIDAVIT REQUIREMENT - LIMITED-PROFIT HOUSING COMPANIES ACT AND PRIVATE HOUSING FINANCE LAW; Supreme Court, New York County, among other things, granted the CPLR article 78 petition to annul the agency respondent's 10/13/09 determination denying petitioner's appeal from respondent housing company's rejection of his application for succession rights to an apartment, and declared petitioner entitled to succession rights; App. Div. affirmed.

SCHRON v TROUTMAN SAUNDERS LLP (97 AD3d 87):
1st Dept. App. Div. order of 5/22/12; affirmance; leave to appeal granted by Court of Appeals, 9/11/12; CONTRACTS - PAROL EVIDENCE RULE - WHETHER PAROL EVIDENCE WAS PROPERLY DISALLOWED IN SUPPORT OF A CLAIM THAT AN OPTION CONTRACT ALLOWING DEFENDANT CAMMEBY'S EQUITY HOLDINGS LLC TO PURCHASE PLAINTIFF SVCare FOR A FIXED SUM WAS VOID FOR LACK OF CONSIDERATION; Supreme Court, New York County, granted Cammeby's Equity Holdings LLC's motion to exclude parol evidence of whether a loan was a condition precedent to the validity of its option to purchase the bulk of SVCare Holdings LLC (in Schron v Grunstein action), and to dismiss the cause of action for a declaration that the option is void (in Mich II Holdings LLC v Schron action); App. Div. affirmed.

TAXICAB SERVICE ASSOCIATION v STATE OF NEW YORK (2012 NY Slip Op 32221[U]):
Supreme Court, New York County judgment of 9/7/12; sua sponte examination whether a direct appeal lies pursuant to CPLR 5601(b)(2); CONSTITUTIONAL LAW - VALIDITY OF STATUTE - WHETHER CHAPTER 602 OF THE LAWS OF 2011, AS AMENDED BY CHAPTER 9 OF THE LAWS OF 2012 (THE "STREET HAIL LIVERY LAW"), VIOLATES THE HOME RULE CLAUSE OR OTHER PROVISIONS OF THE NEW YORK STATE CONSTITUTION; Supreme Court granted plaintiffs summary judgment on their first cause of action; granted defendants summary judgment on plaintiff's second, third, fourth and fifth causes of action; denied plaintiffs' requests for injunctive relief; declared that the Street Hail Livery Law violates the Home Rule Clause of the New York State Constitution; declared the entire Street Hail Livery Law null and void and unconstitutional; and dismissed plaintiffs' request for attorneys' fees.

WELCH, MATTER OF v HANNIGAN (2012 NY Slip Op 80533[U]):
4th Dept. App. Div. order of 8/3/12; sua sponte examination whether the Appellate Division order finally determines the proceeding and whether a substantial constitutional question is directly involved to support the appeal taken as of right; PROCEEDING AGAINST BODY OR OFFICER - CPLR ARTICLE 78 PROCEEDING - APPELLATE DIVISION'S CONDITIONAL DISMISSAL OF PROCEEDING; RECUSAL OF APPELLATE DIVISION JUSTICES; REQUEST FOR POOR PERSON RELIEF; App. Div., among other things, denied petitioner's motion for recusal of various Appellate Division justices, for transfer of his CPLR article 78 proceeding, and for poor person relief, on the ground that the facts set forth by petitioner failed to demonstrate merit to the proceeding; and ordered that the proceeding would be dismissed, without further order, if petitioner did not pay the filing fee within 120 days of the order.

WELCH, MATTER OF v PUNCH (2012 NY Slip Op 69419[U]):
4th Dept. App. Div. order of 4/4/12; sua sponte examination whether the Appellate Division order finally determines the proceeding and whether a substantial constitutional question is directly involved to support the appeal taken as of right; PROCEEDING AGAINST BODY OR OFFICER - CPLR ARTICLE 78 PROCEEDING - APPELLATE DIVISION'S CONDITIONAL DISMISSAL OF PROCEEDING; REQUEST FOR POOR PERSON RELIEF; App. Div. denied petitioner's motion for permission to commence his CPLR article 78 proceeding as a poor person and for other relief, on the ground that the facts set forth by petitioner failed to demonstrate merit to the proceeding; and ordered that the proceeding would be dismissed, without further order, if petitioner did not pay the filing fee within 120 days of the order.