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For September 22, 2017 through September 28, 2017, the following preliminary appeal
statements were filed:
TOWN OF AURORA v VILLAGE OF EAST AURORA (149 AD3d 1506):
4th Dept. App. Div. order of 4/28/17; reversal; leave to appeal granted by Court of
Appeals, 9/12/17; Bridges--Maintenance--Whether Town of Aurora or Village of East
Aurora is responsible for the costs of repairing a bridge constructed and maintained by the
Village; Village board of trustees never adopted resolution assuming care, control and
maintenance of the bridge; application of Village Law §§ 6-604, 6-606; Supreme Court,
Erie County, denied plaintiff's motion for summary judgment, granted defendant's cross
motion for summary judgment, dismissed the complaint, and declared that plaintiff is
responsible for the expense of repairing the Brooklea Drive bridge in the Village of East
Aurora and any other bridge in the Village of which defendant Town of Aurora has not
assumed control, care and maintenance; App. Div. reversed, reinstated the complaint,
granted the plaintiff's motion, denied the defendant's cross motion, and granted judgment
in favor of plaintiff to the extent of adjudging and declaring that the Village of East
Aurora is responsible for the supervision, control, care and maintenance of the Brooklea
Drive bridge located within its boundaries.
BAISLEY (STEVEN), PEOPLE v (55 Misc 3d 148(A)):
App. Term, 2nd Dept., 9th and 10th Judicial Districts, order of 5/23/17; reversal;
leave to appeal granted by Stein, J., 9/11/17 Courts--Jurisdiction--Whether a local
criminal court has jurisdiction over charges of nonsupport of a child in the second degree
(Penal Law § 260.05[2]) and criminal contempt in the second degree (Penal Law §
215.30[3]); criminal contempt charge based on defendant's failure to obey a Family Court
order of child support; application of Family Court Act §§ 156, 411; Justice Court of the
Village of Goshen granted defendant's motion to dismiss the accusatory instrument; App.
Term reversed and denied the motion to dismiss the accusatory instrument.
BROWN, MATTER OF v VELEZ (153 AD3d 517):
2nd Dept. App. Div. order of 8/2/17; confirmation of determination; sua sponte
examination whether a substantial constitutional question is directly involved to support
an appeal as of right; Social Services--Register of Child Abuse and Maltreatment--
Whether hearsay evidence was erroneously admitted at administrative expungement
hearing; alleged violations of petitioner's due process rights and right to confront
witnesses against him; Supreme Court, Westchester County, transferred to the Appellate
Division, Second Department, a CPLR article 78 proceeding seeking to review a 10/14/14
determination of the New York State Office of Children and Family Services that denied
petitioner's application to amend and seal an indicated report maintained by the New York
State Central Register of Child Abuse and Maltreatment; App. Div. confirmed the
determination, denied the petition and dismissed the CPLR article 78 proceeding.
CLARK, PEOPLE ex rel. v TEDFORD (2017 NY Slip Op 81080[U]):
3rd Dept. App. Div. order of 7/21/17; denial of application; sua sponte
examination whether a substantial constitutional question is directly involved to support
an appeal as of right and whether any other jurisdictional basis exists for an appeal as of
right; Habeas Corpus--Availability of relief--alleged due process violations regarding
parole board appearance; App. Div. denied application for writ of habeas corpus.
LAITY, MATTER OF v STATE OF NEW YORK (153 AD3d 1079):
3rd Dept. App. Div. order of 8/10/17; affirmance; sua sponte examination whether
the issues presented have become moot and whether a substantial constitutional question
is directly involved to support an appeal as of right; Elections--Designating petitions--
Proceeding to declare invalid the certificate of designation naming certain persons as
Republican Party candidates for the office of President of the United States in the 2016
presidential primary election; eligibility for office based on place of birth; Supreme Court,
Albany County, dismissed petitioner's application in a proceeding pursuant to Election
Law § 16-102, to, among other things, declare invalid the certificate of designation
naming respondent Rafael Edward (Ted) Cruz as a Republican Party candidate for the
public office of President of the United States in the 4/19/16 presidential primary
election; App. Div. affirmed.
STATE OF NEW YORK, MATTER OF v KEITH F. (149 AD3d 671):
1st Dept. App. Div. order of 4/27/17; affirmance; sua sponte examination whether
a substantial constitutional question is directly involved to support an appeal as of right;
Crimes--Sex Offenders--Sex Offender Management and Treatment Act--Whether Mental
Hygiene Law § 10.07(a) imposes a strict deadline for commencement of a trial within 60
days after the court determines there is probable cause to believe that the respondent is a
sex offender requiring civil management; whether respondent's due process rights were
violated by the 15-month delay between the declaration of readiness and the
commencement of trial, during which time respondent was subject to mandatory pretrial
detention; Supreme Court, Bronx County, upon a determination that respondent is a
dangerous sex offender requiring commitment, committed respondent to a secure
treatment facility; App. Div. affirmed.
THOMAS, MATTER OF v TOWN OF OYSTER BAY (152 AD3d 777):
2nd Dept. App. Div. order of 7/26/17; affirmance; sua sponte examination whether
a substantial constitutional question is directly involved to support an appeal as of right;
Proceeding Against Body or Officer--Prohibition--Whether prohibition lies to prohibit
prosecution for violations of the Code of the Town of Oyster Bay; claim of racially-based
selective prosecution; Supreme Court, Nassau County, granted that branch of the motion
of respondents Town of Oyster Bay and John Venditto pursuant to CPLR 3211(a) to
dismiss the petition as procedurally barred, denied the petition, and dismissed the
proceeding; App. Div. affirmed.