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For September 7, 2012 through September 13, 2012, the following preliminary appeal statements were filed:

DE LA CRUZ v CADDELL DRY DOCK & REPAIR CO., INC. (95 AD3d 297):
1st Dept. App. Div. order of 4/12/12; affirmance; leave to appeal granted by Court of Appeals, 8/28/12; LABOR - PREVAILING RATE OF WAGES (LABOR LAW § 220) - WHETHER THE APPELLATE DIVISION ERRED IN HOLDING THAT WORK PERFORMED ON VESSELS OWNED BY CITY AGENCIES WAS NOT "PUBLIC WORK" WITHIN THE MEANING OF LABOR LAW § 220(3) BECAUSE "THE PREVAILING WAGE LAW IS LIMITED TO THOSE WORKERS EMPLOYED IN THE CONSTRUCTION, REPAIR AND MAINTENANCE OF FIXED STRUCTURES, AND DOES NOT APPLY TO WORKERS WHO ARE SERVICING A COMMODITY OWNED BY THE CITY"; Supreme Court, Bronx County denied plaintiffs' motion for partial summary judgment on the issue of liability and granted defendants' motion for summary judgment dismissing the complaint; App. Div. affirmed.

KOWALSKI v ST. FRANCIS HOSPITAL AND HEALTH CENTERS (95 AD3d 834):
2nd Dept. App. Div. order of 5/1/12; reversal; leave to appeal granted by Court of Appeals, 8/30/12; HOSPITALS - MALPRACTICE - NEGLIGENCE - PLAINTIFF STRUCK BY VEHICLE AFTER LEAVING VOLUNTARY DETOXIFICATION PROGRAM BEFORE BEING DISCHARGED - WHETHER APPELLATE DIVISION ERRED IN HOLDING THAT CERTAIN DEFENDANTS WERE ENTITLED TO SUMMARY JUDGMENT DISMISSING THE COMPLAINT AS AGAINST THEM BECAUSE THEY LACKED AUTHORITY TO INVOLUNTARILY CONFINE PLAINTIFF; Supreme Court, Dutchess County denied motions for summary judgment dismissing the complaint as against defendants St. Francis Hospital and Health Centers, Emergency Physician Services of New York, P.C. and Chandra Chintapalli; App. Div. reversed, granted the motions of defendants St. Francis Hospital and Health Centers and Emergency Physician Services of New York, P.C., for summary judgment dismissing the complaint insofar as asserted against them, and granted that branch of the motion by defendant Chandra Chintapalli that was for summary judgment dismissing the complaint insofar as asserted against him.

KOEHL, MATTER OF v FISCHER (96 AD3d 1301):
3rd Dept. App. Div. order of 6/28/12; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; PRISONS AND PRISONERS - CONDITIONAL RELEASE - JAIL TIME CREDIT - APPLICATION OF PENAL LAW § 70.30(3); Supreme Court, Albany County dismissed petitioner's CPLR article 78 application to review a determination of the Department of Corrections and Community Supervision computing jail time credit; App. Div. affirmed.

MERRILL LYNCH, PIERCE, FENNER & SMITH, INC. v GLOBAL STRAT, INC. (94 AD3d 491):
1st Dept. App. Div. order of 4/10/12; affirmance and modification; leave to appeal granted by Court of Appeals, 8/28/12; DISCLOSURE - PENALTY FOR FAILURE TO DISCLOSE - WHETHER THE TRIAL COURT ABUSED ITS DISCRETION IN GRANTING A DEFAULT JUDGMENT IN FAVOR OF PLAINTIFFS AND AGAINST THE INDIVIDUAL DEFENDANTS AS A PENALTY FOR THEIR FAILURE TO COMPLY WITH COURT-ORDERED DISCOVERY; COURTS - JURISDICTION - LONG-ARM JURISDICTION - TRANSACTION OF BUSINESS IN NEW YORK; Supreme Court, New York County awarded plaintiffs the total sum of $99,013,769 as against the Nasser defendants, and, in a separate order, granted so much of defendants' motion as sought to dismiss the eighth cause of action and to dismiss the complaint in its entirety as against Albert Nasser for lack of personal jurisdiction; App. Div. (1) affirmed the judgment awarding plaintiffs the sum of $99,013,769 as against the Nasser defendants, (2) modified the order granting so much of defendants' motion as sought to dismiss the eighth cause of action and to dismiss the complaint in its entirety as against Albert Nasser, to deny the motion as to Albert Nasser, and (3) otherwise dismissed the appeal from the order as academic.

CITY OF OSWEGO, MATTER OF v OSWEGO CITY FIREFIGHTERS ASSOCIATION, LOCAL 2707 (93 AD3d 1243):
4th Dept. App. Div. order of 3/16/12; affirmance; leave to appeal granted by Court of Appeals, 8/30/12; ARBITRATION - CONFIRMING OR VACATING AWARD - CONTINUATION OF TERMS OF EXPIRED COLLECTIVE BARGAINING AGREEMENT - CONSISTENCY WITH RETIREMENT AND SOCIAL SECURITY LAW, CIVIL SERVICE LAW AND PUBLIC POLICY - WHETHER AWARD EXCEEDED ARBITRATOR'S POWERS; Supreme Court, Oswego County, in a proceeding pursuant to CPLR article 75, denied the petition and confirmed the arbitration award; App. Div. affirmed.

PEQUE (JUAN JOSE), PEOPLE v (88 AD3d 1024):
3rd Dept. App. Div. order of 10/6/11; affirmance; leave to appeal granted by Lippman, Ch. J., 7/30/12; CRIMES - PLEA OF GUILTY - WHETHER TRIAL COURT'S FAILURE TO INFORM DEFENDANT, AN UNDOCUMENTED IMMIGRANT, THAT HE MIGHT BE DEPORTED BASED ON HIS CONVICTION RENDERED DEFENDANT'S GUILTY PLEA NOT KNOWING, VOLUNTARY AND INTELLIGENT; RIGHT TO COUNSEL - WHETHER COUNSEL'S FAILURE TO INFORM DEFENDANT ABOUT THE IMMIGRATION CONSEQUENCES OF HIS GUILTY PLEA RENDERED COUNSEL'S REPRESENTATION INEFFECTIVE; SENTENCE; DUE PROCESS CHALLENGE TO CPL 220.50; Chemung County Court convicted defendant, upon his guilty plea, of rape in the first degree; App. Div. affirmed.

For September 14, 2012 through September 20, 2012, the following preliminary appeal statements were filed:

CANGRO v PARK SOUTH TOWERS ASSOCIATES:
1st Dept. App. Div. order of 8/14/12; grant of motions to dismiss the appeal; sua sponte examination whether a substantial constitutional question is directly involved to support the appeal taken as of right and whether the order appealed from finally determines the action within the meaning of the Constitution; APPEALS - CHALLENGE TO ORDER GRANTING MOTIONS TO DISMISS THE APPEAL TO THE EXTENT OF STRIKING THE APPEAL FROM A PARTICULAR TERM, WITH LEAVE TO RE- PERFECT UPON AN APPROPRIATE APPENDIX FOR A LATER TERM; Supreme Court, New York County denied plaintiff's motion to reargue, reconsider and modify that court's 3/17/11 order; App. Div. granted motions to dismiss the appeal from a 6/8/11 Supreme Court order to the extent of striking the appeal from the court's October 2012 Term calendar, with leave to re-perfect upon an appendix which complies with CPLR 5528 and 22 NYCRR 600.10(c) without further fee, on or before 10/1/12 for the court's December 2012 Term; and directed that, upon failure to so perfect, an order dismissing the appeal may be entered ex parte, provided respondents serve a copy of the order upon the appellant within 10 days after the date of entry thereof.

EBC I, INC. v GOLDMAN SACHS & CO. (91 AD3d 211):
1st Dept. App. Div. order of 12/8/11; affirmance; leave to appeal granted by Court of Appeals, 9/6/12; TORTS - FRAUD - WHETHER THE APPELLATE DIVISION'S DISMISSAL OF PLAINTIFF'S BREACH OF FIDUCIARY DUTY AND FRAUD CLAIMS CONFLICTS WITH THIS COURT'S DECISION IN EBC I, INC. v GOLDMAN SACHS & CO. (5 NY3d 11 [2005]); SUMMARY JUDGMENT; Supreme Court, New York County granted defendant's motion for summary judgment dismissing the complaint; App. Div. affirmed.

HRONCICH, MATTER OF v CON EDISON (91 AD3d 1134):
3rd Dept. App. Div. order of 1/19/12; affirmance; leave to appeal granted by Court of Appeals, 9/6/12; WORKERS' COMPENSATION - DEATH BENEFITS - WHETHER THE APPELLATE DIVISION PROPERLY AFFIRMED THE WORKERS' COMPENSATION BOARD DECISION GRANTING CLAIMANT DEATH BENEFITS WITHOUT APPORTIONMENT FOR THE PERCENTAGE OF NON-WORK RELATED CAUSE(S) OF DEATH - WORKERS' COMPENSATION LAW § 15(7); App. Div. affirmed the 12/18/09 decision of the Workers' Compensation Board which ruled that decedent's death was causally related to his occupational illness.

TORRES v GAMMA TAXI CORP. (97 AD3d 440):
1st Dept. App. Div. order of 7/10/12; modification with dissents; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution; MOTOR VEHICLES - COLLISION - WHETHER PLAINTIFF SUFFERED A SERIOUS INJURY WITHIN THE MEANING OF INSURANCE LAW § 5102(d) - PLAINTIFF INVOLVED IN TWO PRIOR MOTOR VEHICLE ACCIDENTS; DISMISSAL OF CLAIMS FOR DAMAGES FOR PERSONAL INJURY; SUMMARY JUDGMENT; Supreme Court, Bronx County granted defendants' motion for renewal and, upon renewal, granted defendants' motion for summary judgment dismissing the complaint on the ground that plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102(d).