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For September 30, 2016 through October 6, 2016, the following preliminary appeal statements were filed:

BEECHWOOD POB, LLC v BRUMMELL (2016 NY Slip Op 79119[U]):
2nd Dept. App. Div. order of 7/8/16; denial of motion; sua sponte examination whether the 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; INJUNCTIONS - PRELIMINARY INJUNCTION - WHETHER PRELIMINARY INJUNCTION IS UNCONSTITUTIONAL AND BASED ON ERRONEOUS FACTUAL FINDINGS; Supreme Court, Nassau County, granted a motion, pursuant to CPLR 6311, to preliminary enjoin appellant from, among other things, filing any motions or applications relating to Denton v Town of Oyster Bay and from filing any motions or applications with respect to the Town Board of the Town of Oyster Bay's May 2015 approval of a redevelopment project; App. Div. denied appellant's motion to vacate or modify the preliminary injunction granted by Supreme Court.

DAVIS, MATTER OF v ANNUCCI (140 AD3d 1432):
3rd Dept. App. Div. order of 6/16/16; granted petition; 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; PRISONS AND PRISONERS - DISCIPLINE OF INMATES - CHALLENGE TO DETERMINATION BY COMMISSIONER OF CORRECTIONS AND COMMUNITY SUPERVISION FINDING PETITIONER GUILTY OF POSSESSING A WEAPON AND POSSESSING AN UNAUTHORIZED MEDICATION; App. Div. granted the petition, in a proceeding pursuant to CPLR article 78, to the extent of modifying a determination of the Department of Corrections and Community Supervision finding appellant guilty of violating certain prison disciplinary rules by annulling so much thereof as found petitioner guilty of possessing an authorized medication and imposed a penalty, and remitted the matter for an administrative redetermination of the penalty on the remaining violation.

DESROSIERS v PERRY ELLIS MENSWEAR, LLC (139 AD3d 473):
1st Dept. App. Div. order of 5/10/16; reversal; leave to appeal granted by App. Div., 9/29/16; ACTIONS - CLASS ACTIONS - WHETHER PUTATIVE CLASS MEMBERS WERE ENTITLED TO NOTICE OF DISCONTINUANCE OF THE ACTION UNDER CPLR 908 DESPITE THE FACT THAT THE TIME FOR THE INDIVIDUAL PLAINTIFF TO MOVE FOR CLASS CERTIFICATION HAD EXPIRED UNDER CPLR 902; Supreme Court, New York County, denied plaintiff's cross motion to notify the putative class of the discontinuance of the action, pursuant to CPLR 908; App. Div. reversed and remanded to Supreme Court, New York County, to fashion an appropriate notification to the putative class under CPLR 908.

LOHNAS v LUZI (140 AD3d 1717):
4th Dept. App. Div. order of 6/17/16; modification; leave to appeal granted by App. Div., 9/30/16; LIMITATION OF ACTIONS - MEDICAL MALPRACTICE - ESTOPPEL TO PLEAD STATUTE OF LIMITATIONS - WHETHER AN ISSUE OF FACT EXISTED REGARDING APPLICATION OF THE CONTINUOUS TREATMENT DOCTRINE; WHETHER THE EQUITABLE ESTOPPEL DOCTRINE APPLIED TO TOLL THE STATUTE OF LIMITATIONS; Supreme Court, Erie County, granted defendants' motion for leave to reargue and, upon reargument, denied defendants' motion for partial summary judgment; App. Div. modified by granting the motion for partial summary judgment in part and dismissing the complaint to the extent that the complaint, as amplified by the bill of particulars, asserts that defendants are equitably estopped from asserting as a defense the statute of limitations for medical malpractice and, as so modified, affirmed.

TOWN OF OYSTER BAY v BRUMMELL (2016 NY Slip Op 80615[U]):
2nd Dept. App. Div. order of 7/26/16; denial of motion; sua sponte examination whether the 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; INJUNCTIONS - PRELIMINARY INJUNCTION - WHETHER PRELIMINARY INJUNCTION IS UNCONSTITUTIONAL AND BASED ON ERRONEOUS FACTUAL FINDINGS; Supreme Court, Nassau County, granted a motion, pursuant to CPLR 6311, to preliminary enjoin appellant from commencing, filing or causing to be commenced or filed by any person, in any court, any action, proceeding, order to show cause or motion relating to Denton v Town of Oyster Bay without leave of the court; App. Div. denied appellants' motion to vacate the preliminary injunction granted by Supreme Court, Nassau County.

SMITH (DWIGHT), PEOPLE v (143 AD3d 31):
1st Dept. App. Div. order of 8/25/16; reversal; leave to appeal granted by Kapnick, J., 9/29/16; CRIMES - APPEAL - WAIVER OF RIGHT TO APPEAL - WHETHER DEFENDANT'S WAIVER OF THE RIGHT TO APPEAL WAS INVALID - RIGHT TO COUNSEL - WHETHER THE DENIAL OF DEFENDANT'S REQUESTS FOR A LAWYER DURING PRETRIAL PROCEEDINGS CONCERNING A DNA TEST VIOLATED DEFENDANT'S RIGHT TO COUNSEL - WHETHER DISMISSAL OF THE INDICTMENT IS THE PROPER REMEDY FOR THE DEPRIVATION OF COUNSEL; Supreme Court, Bronx County, convicted defendant, upon his guilty plea, of manslaughter in the first degree and burglary in the first degree, and imposed sentence; App. Div. reversed, vacated the plea and dismissed the indictment without prejudice to the People to represent any appropriate charges to another grand jury.

For October 7, 2016 through October 13, 2016, the following preliminary appeal statements were filed:

FRANKLIN v GAREYUA (136 AD3d 464):
1st Dept. App. Div. order of 2/9/16; affirmance; leave to appeal granted by App. Div., 9/29/16; Rule 500.11 review pending; INSURANCE - NO-FAULT AUTOMOBILE INSURANCE - SERIOUS INJURY - SUMMARY JUDGMENT; WHETHER THE PLAINTIFF MOTORIST FAILED TO RAISE A TRIABLE ISSUE OF FACT AS TO THE CAUSATION OF HIS ALLEGED INJURY; Supreme Court, Bronx County, granted defendants' motion for summary judgment dismissing plaintiff's claim that he suffered serious injury to his left shoulder within the meaning of Insurance Law § 5102(d); App. Div. affirmed.

GROSSMAN v TCR (142 AD3d 854):
1st Dept. App. Div. order of 9/22/16; affirmance with two-Justice dissent; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution; NEGLIGENCE - MAINTENANCE OF PREMISES - SUMMARY JUDGMENT - WHETHER ISSUES OF FACT EXISTED AS TO WHETHER HAZARDOUS CONDITION WAS CREATED BY PRESENCE OF WATER ON THE FLOOR OF A GYM'S LOCKER ROOM; Supreme Court, Bronx County, denied defendant's motion for summary judgment dismissing the complaint; App. Div. affirmed.

MAPFRE INSURANCE COMPANY OF NEW YORK v MANOO (140 AD3d 468):
1st Dept. App. Div. order of 6/9/16; reversal; leave to appeal granted by App. Div., 9/29/16; INSURANCE - NO-FAULT AUTOMOBILE INSURANCE - WHETHER PLAINTIFF INSURER ESTABLISHED ENTITLEMENT TO SUMMARY JUDGMENT AS A MATTER OF LAW BASED ON THE INSURED'S FAILURE TO APPEAR AT AN EXAMINATION UNDER OATH, NOTWITHSTANDING THAT INSURER SCHEDULED EXAMINATION BEFORE RECEIVING PROVIDER'S CLAIM FOR BENEFITS; INTERPRETATION OF INSURANCE DEPARTMENT REGULATIONS; Supreme Court, New York County, among other things, granted defendant's motion to reargue and, upon reargument, denied plaintiff's motion for summary judgment; App. Div. reversed, granted plaintiff's motion for summary judgment, and declared that plaintiff is not obligated to pay defendant for the claim at issue.

OBEY v CITY OF NEW YORK (142 AD3d 890):
1st Dept. App. Div. order of 9/27/16; affirmance with two-Justice dissent; Rule 500.11 review pending; NEGLIGENCE - WHETHER PLAINTIFF PRODUCED SUFFICIENT EVIDENCE TO ESTABLISH THAT A PARTICULAR TRAIN STRUCK HIM AND CAUSED HIS INJURIES; WHETHER TRAIN OPERATOR WAS NEGLIGENT IN FAILING TO ACTIVATE TRAIN'S EMERGENCY BRAKE UPON OBSERVING EVIDENCE OF A HUMAN PRESENCE ON THE TRACKS; Supreme Court, New York County, granted defendant New York City Transit Authority's posttrial motion to set aside the verdict on the issue on liability and dismissed the complaint; App. Div. affirmed.

SOMEREVE v PLAZA CONSTRUCTION CORP. (136 AD3d 537):
1st Dept. App. Div. order of 2/18/16; affirmance; leave to appeal granted by App. Div., 9/27/16; Rule 500.11 review pending; LABOR - SAFE PLACE TO WORK - WHETHER LABOR LAW § 240(1) APPLIES WHERE PLAINTIFF WAS USING A PRIME MOVER TO HOIST A LOAD AND THE PRIME MOVER PITCHED FORWARD, CAUSING PLAINTIFF TO BE EJECTED OFF THE BACK OF THE MACHINE; WHETHER SUMMARY JUDGMENT WAS PREMATURE WHERE DISCOVERY WAS STILL ONGOING; WHETHER ISSUES OF FACT EXISTED PRECLUDING THE GRANT OF SUMMARY JUDGMENT; COMPARATIVE NEGLIGENCE AND SOLE PROXIMATE CAUSE; Supreme Court, New York County, granted plaintiff's motion for partial summary judgment on the Labor Law § 240(1) cause of action; App. Div. affirmed.