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For September 5, 2014 through September 11, 2014, the following preliminary appeal statements were filed:

AMBERS (NUGENE), PEOPLE v (115 AD3d 671):
2nd Dept. App. Div. order of 3/5/14; affirmance; leave to appeal granted by Abdus-Salaam, J., 8/25/14; CRIMES - RIGHT TO COUNSEL - EFFECTIVE REPRESENTATION - WHETHER DEFENDANT WAS DENIED THE RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL WHERE HIS COUNSEL FAILED TO RAISE A STATUTE OF LIMITATIONS DEFENSE AS TO CERTAIN COUNTS, OBJECT TO CERTAIN STATEMENTS BY THE PROSECUTOR, MOVE FOR A MISTRIAL OR REQUEST CURATIVE INSTRUCTIONS; Supreme Court, Queens County, convicted defendant of course of sexual conduct against a child in the first degree, course of sexual conduct against a child in the second degree, rape in the second degree, and two counts of endangering the welfare of a child, and imposed sentence; App. Div. affirmed.

CEDENO (ASSAD), PEOPLE v (113 AD3d 695):
2nd Dept. App. Div. order of 1/15/14; affirmance; leave to appeal granted by Smith, J., 9/3/14; CRIMES - RIGHT OF CONFRONTATION - WHETHER THE APPELLATE DIVISION ERRED IN CONCLUDING THAT THE ADMISSION INTO EVIDENCE OF A CODEFENDANT'S REDACTED STATEMENT TO POLICE DID NOT VIOLATE THE BRUTON RULE "BECAUSE THE SUBJECT REDACTION WOULD NOT HAVE CAUSED THE JURORS TO REALIZE THAT THE CONFESSION REFERS SPECIFICALLY TO THE DEFENDANT" - PROOF OF OTHER CRIMES - WHETHER THE TRIAL COURT IMPROPERLY ADMITTED PRIOR UNCHARGED CRIME EVIDENCE AGAINST DEFENDANT WITHOUT FIRST EVALUATING ITS RELIABILITY; Supreme Court, Queens County, convicted defendant, upon a jury verdict, of gang assault in the first degree and criminal possession of a weapon in the fourth degree; App. Div. affirmed.

ROSARIO (LUCIANO), PEOPLE v (2014 NY Slip Op 66337[U]):
1st Dept. App. Div. order of 3/13/14; denial of writ of error coram nobis; leave to appeal granted by Graffeo, J., 9/4/14; CRIMES - APPEAL - DENIAL OF APPLICATION FOR A WRIT OF ERROR CORAM NOBIS - ALLEGED INEFFECTIVE ASSISTANCE OF APPELLATE COUNSEL FOR FAILING TO INFORM DEFENDANT ABOUT THE APPELLATE PROCESS AND FAILING TO FILE A NOTICE OF APPEAL FROM DEFENDANT'S GUILTY PLEA; App. Div. denied defendant's application for writ of error coram nobis.

For September 12, 2014 through September 18, 2014, the following preliminary appeal statements were filed:

DRYDEN MUTUAL INSURANCE COMPANY v GOESSL (117 AD3d 1512):
4th Dept. App. Div. order of 5/9/14; reversal; leave to appeal granted by Court of Appeals, 9/4/14; INSURANCE - DUTY TO DEFEND AND INDEMNIFY - BUSINESS GENERAL LIABILITY POLICY - WHETHER THE APPELLATE DIVISION CORRECTLY DETERMINED THAT, FOR LIABILITY INSURANCE PURPOSES, DEFENDANT PLUMBER WAS AN INDEPENDENT CONTRACTOR, NOT AN EMPLOYEE, FOR DEFENDANT PLUMBING COMPANY WHEN THE ALLEGED NEGLIGENT ACTS OCCURRED; Supreme Court, Oswego County, among other things, declared that plaintiff has no duty to defend or indemnify defendant Stanley Goessl; App. Div. reversed, and granted judgment as follows: "It is ADJUDGED AND DECLARED that plaintiff is obligated to defend and indemnify Stanley Goessl in the underlying action, and that plaintiff is obligated to reimburse defendant Stanley Goessl for the reasonable attorneys' fees and expenses he incurred in defending the underlying action, and It is further ADJUDGED AND DECLARED that defendant The Main Street America Group is not obligated to defend or indemnify defendant Stanley Goessl in the underlying action."

HOLLANDER, MATTER OF v THE CITY OF NEW YORK COMMISSION ON HUMAN RIGHTS (118 AD3d 418):
1st Dept. App. Div. order of 6/3/14; affirmance; leave to appeal granted by Court of Appeals, 9/16/14; CIVIL RIGHTS - DISCRIMINATION BASED ON AGE - WHETHER THE DOCTRINE OF ELECTION OF REMEDIES BARS PETITIONER FROM FILING A CLAIM OF AGE DISCRIMINATION AGAINST A NIGHTCLUB WITH THE CITY OF NEW YORK COMMISSION ON HUMAN RIGHTS, WHERE THE NEW YORK STATE DIVISION OF HUMAN RIGHTS PREVIOUSLY DISMISSED PETITIONER'S COMPLAINT ALLEGING GENDER DISCRIMINATION AGAINST THE NIGHTCLUB WITH RESPECT TO THE SAME UNDERLYING INCIDENT; Supreme Court, New York County, denied a CPLR article 78 petition seeking to annul a determination of respondent City of New York Commission on Human Rights, which dismissed petitioner's complaint of age-based discrimination; App. Div. affirmed.

INGRAM (ROBERT L.), PEOPLE v (114 AD3d 1290):
4th Dept. App. Div. order of 2/14/14; affirmance with two-Justice dissents; leave to appeal granted by Smith, J., 8/27/14; Rule 500.11 review pending; CRIMES - UNLAWFUL SEARCH AND SEIZURE - STOP OF DEFENDANT ON STREET - WHETHER THE POLICE HAD REASONABLE SUSPICION JUSTIFYING A STOP OF DEFENDANT AFTER DEFENDANT WAS ATTEMPTING TO PULL AN OBJECT FROM HIS POCKET IN A MANNER THAT THE POLICE TESTIFIED WAS SUGGESTIVE OF A WEAPON; Supreme Court, Erie County, granted that part of defendant's omnibus motion that sought to suppress physical evidence and defendant's oral statements to the police; App. Div. affirmed.

LYNCH (RICKY A.), PEOPLE v (116 AD3d 979):
2nd Dept. App. Div. order of 4/23/14; affirmance; leave to appeal granted by Smith, J., 9/3/14; CRIMES - DOUBLE JEOPARDY - WHETHER DEFENDANT'S PROSECUTION IN SUFFOLK COUNTY FOR FORGERY AND OTHER CRIMES ARISING FROM HIS FILING OF A FRAUDULENT APPLICATION FOR A NON- DRIVER IDENTIFICATION CARD ISSUED IN SUFFOLK COUNTY IS BARRED BY STATUTORY DOUBLE JEOPARDY WHERE DEFENDANT WAS CAUGHT WITH THE FAKE CARD IN WESTCHESTER AND PLEADED GUILTY IN THAT COUNTY TO CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE THIRD DEGREE - WHETHER THE CRIMES WERE "SO CLOSELY RELATED IN CRIMINAL PURPOSE OR OBJECTIVE AS TO CONSTITUTE ELEMENTS OR INTEGRAL PARTS OF A SINGLE CRIMINAL VENTURE" (CPL 40.10[2]) - APPLICATION OF CPL 40.30 (2) (a); Supreme Court, Suffolk County, convicted defendant, upon a jury verdict, of criminal possession of a forged instrument in the second degree, identity theft in the first degree, and offering a false instrument for filing, and imposed sentence; App. Div. affirmed.

WASHINGTON (KAREEM), PEOPLE v (115 AD3d 451):
1st Dept. App. Div. order of 3/6/14; affirmance; leave to appeal granted by Pigott, J., 9/9/14; CRIMES - RIGHT TO COUNSEL - EFFECTIVE REPRESENTATION - WHETHER DEFENDANT WAS DENIED THE EFFECTIVE ASSISTANCE OF CONFLICT-FREE COUNSEL, WHERE, AFTER THE JURY RENDERED A VERDICT, THE TRIAL COURT DENIED DEFENDANT'S PRO SE MOTION FOR PRETRIAL ASSIGNMENT OF NEW COUNSEL IN RELIANCE ON DEFENSE COUNSEL'S REPRESENTATIONS THAT DEFENDANT'S ALLEGATIONS OF INEFFECTIVE ASSISTANCE WERE INCORRECT; Supreme Court, Bronx County, convicted defendant, after a jury trial, of robbery in the first degree, and sentenced him, as a persistent violent felony offender, to a term of 22 years to life; App. Div. affirmed.

For September 19, 2014 through September 25, 2014, the following preliminary appeal statements were filed:

GARY (ALFRED), PEOPLE v (115 AD3d 760):
2nd Dept. App. Div. order of 3/12/14; affirmance; leave to appeal granted by Pigott, J., 9/5/14; CRIMES - CONSPIRACY - DEFENDANT CLAIMS HEARSAY EVIDENCE MISTAKENLY STIPULATED INTO EVIDENCE WITH LARGE NUMBER OF DOCUMENTS SHOULD NOT HAVE BEEN ADMITTED INTO EVIDENCE - SUFFICIENCY OF EVIDENCE TO SUPPORT CONSPIRACY CHARGE; CLAIMED REPUGNANCY OF VERDICT DUE TO ACQUITTALS ON OTHER CHARGES BASED ON THE SAME FACTS UNDERLYING SCHEME TO DEFRAUD; Supreme Court, Nassau County, after a nonjury trial, convicted defendant of conspiracy in the fourth degree, and imposed sentence; App. Div. affirmed.

ZELICHENKO v 301 ORIENTAL BOULEVARD, LLC (117 AD3d 1038):
2nd Dept. App. Div. order of 5/28/14; reversal; leave to appeal granted by Court of Appeals, 9/16/14; NEGLIGENCE - MAINTENANCE OF PREMISES - TRIP AND FALL ON STAIRS DUE TO CHIP ON EDGE OF STEP - WHETHER SUMMARY JUDGMENT WAS PROPERLY GRANTED TO DEFENDANT UPON THE GROUND THAT, AS A MATTER OF LAW, THE CHIP WAS A TRIVIAL DEFECT AND DID NOT CONSTITUTE A TRAP OR NUISANCE; Supreme Court, Kings County, denied defendant's motion for summary judgment dismissing the complaint; App. Div. reversed and granted defendant's motion for summary judgment dismissing the complaint.

For September 26, 2014 through October 2, 2014, the following preliminary appeal statements were filed:

BAXIN (JOSE MARTINEZ), PEOPLE v (116 AD3d 628):
1st Dept. App. Div. order of 4/29/14; affirmance; leave to appeal granted by Court of Appeals, 9/18/14; CRIMES - SEX OFFENDERS - SEX OFFENDER REGISTRATION ACT (SORA) - WHETHER THE SORA HEARING COURT COMMITTED REVERSIBLE ERROR BY CONSIDERING GRAND JURY MINUTES THAT WERE NOT DISCLOSED TO DEFENDANT AND OVER DEFENSE COUNSEL'S OBJECTION; Supreme Court, New York County, adjudicated defendant a level two sexually violent offender pursuant to SORA (Correction Law article 6-C); App. Div. affirmed.

DAURIA v CASTLEPOINT INSURANCE COMPANY (120 AD3d 1016):
1st Dept. App. Div. order of 9/4/14; affirmance with dissents; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution; MOTIONS AND ORDERS - REARGUMENT OR RENEWAL - WHERE THE APPELLATE DIVISION GRANTED SUMMARY JUDGMENT DISMISSING THE COMPLAINT AS TO DEFENDANT INSURER ON APPEAL AND PLAINTIFFS THEREAFTER MOVED AT SUPREME COURT TO RENEW THE PRIOR GRANT OF SUMMARY JUDGMENT TO DEFENDANT BROKER, WHETHER THE APPELLATE DIVISION ERRED IN UPHOLDING THE DENIAL OF THE MOTION TO RENEW UPON THE GROUND THAT PLAINTIFFS FAILED TO SHOW THAT THE FACTUAL OR LEGAL BASIS FOR THE GRANT OF SUMMARY JUDGMENT TO BROKER HAD BEEN OVERTURNED BY THE GRANT OF SUMMARY JUDGMENT TO THE INSURER; Supreme Court, Bronx County, among other things, denied plaintiff's motion to renew defendant Frank Campo's motion to dismiss the complaint; App. Div. affirmed.

SELECTIVE INSURANCE COMPANY OF AMERICA v COUNTY OF RENSSELAER (113 AD3d 974):
3rd Dept. App. Div. order of 1/23/14; affirmance; leave to appeal granted by Court of Appeals, 9/16/14; INSURANCE - LIABILITY INSURANCE - POLICE PROFESSIONAL LIABILITY POLICY - SETTLEMENT OF CLASS ACTION LAWSUIT SEEKING DAMAGES FOR INDIVIDUALS STRIP SEARCHED PURSUANT TO AN ALLEGEDLY UNCONSTITUTIONAL POLICY - WHETHER THE UNDERLYING ALLEGATIONS IN THE CLASS ACTION LAWSUIT REQUIRE COUNTY TO PAY INSURERS ONE DEDUCTIBLE FOR ONE OCCURRENCE OR SEPARATE DEDUCTIBLES FOR EACH CLASS ACTION PLAINTIFF - WHETHER THE ATTORNEYS' FEES AND COSTS ARISING OUT OF THE CLASS ACTION LAWSUIT ARE TO BE ALLOCATED RATABLY TO EACH CLASS ACTION PLAINTIFF; WHETHER THE INSURERS ACTED IN BAD FAITH IN THEIR REPRESENTATION OF THE COUNTY IN THE CLASS ACTION LAWSUIT; WHETHER INSURERS ARE LIABLE FOR COUNTY'S ATTORNEYS' FEES IN DEFENDING THIS ACTION; Supreme Court, Rensselaer County, (1) granted the motion for summary judgment by plaintiff insurers insofar as they sought a separate deductible for each of the 806 class action plaintiffs, (2) granted the County defendant's motion for summary judgment insofar as it sought to dismiss the part of the complaint seeking the proration of attorney's fees among all 806 occurrences and attributed all the fees to one policy, and (3) determined that County owed plaintiff insurers $816,000; App. Div. affirmed.

SHANNON, MATTER OF (120 AD3d 128):
1st Dept. App. Div. order of 6/17/14; reversal; leave to appeal granted by Court of Appeals, 9/18/14; INCAPACITATED AND MENTALLY DISABLED PERSONS - GUARDIAN FOR PERSONAL NEEDS OR PROPERTY MANAGEMENT - PRIORITY OF CLAIMS UPON DEATH OF PERSON WHO HAD RECEIVED MEDICAID - COMPETING CLAIMS OF SOCIAL SERVICES DEPARTMENT AND SKILLED NURSING FACILITY - WHETHER NURSING FACILITY'S CLAIMS AS A GENERAL CREDITOR AGAINST A GUARDIANSHIP ACCOUNT, WHICH CLAIM AROSE DURING AN INCAPACITATED PERSON'S LIFETIME, HAS PRIORITY OVER A CLAIM ASSERTED BY A DEPARTMENT OF SOCIAL SERVICES WITH PREFERRED CREDITOR STATUS - SOCIAL SERVICES LAW §§ 104 AND 369; Supreme Court, Bronx County, among other things, directed petitioner to turn over to respondent Westchester County Department of Social Services (DSS) the balance of the funds remaining in the guardianship estate of Edna Shannon, an incapacitated person now deceased; App. Div. reversed and directed petitioner to turn over DSS's share of the balance of the guardianship account to respondent Eastchester Rehabilitation and Health Care Center, LLC.