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For December 2, 2011 through December 8, 2011, the following preliminary appeal statements were filed:

AUQUI v SEVEN THIRTY ONE LIMITED PARTNERSHIP (83 AD3d 407):
1st Dept. App. Div. order of 4/5/11; reversal with dissents; leave to appeal granted by App. Div., 11/10/11; Rule 500.11 review pending; JUDGMENTS - COLLATERAL ESTOPPEL - PRECLUSIVE EFFECT TO BE GIVEN TO DETERMINATION BY WORKERS' COMPENSATION LAW JUDGE CONCERNING TERMINATION DATE OF PLAINTIFF'S DISABILITY - WHETHER APPOINTMENT OF GUARDIAN FOR PLAINTIFF RAISED TRIABLE ISSUE OF FACT AS TO THE ONGOING NATURE OF PLAINTIFF'S DISABILITY; Supreme Court, New York County granted defendants' motion to preclude plaintiffs from litigating the issue of plaintiff Jose Verdugo's accident- related disability beyond January 24, 2006; App. Div. reversed and denied defendants' motion to preclude plaintiffs from litigating the issue of plaintiff Jose Verdugo's accident- related disability beyond January 24, 2006.

BRONX COMMITTEE FOR TOXIC FREE SCHOOLS, MATTER OF v NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY (86 AD3d 401):
1st Dept. App. Div. order of 7/7/11; affirmance; leave to appeal granted by Court of Appeals, 11/21/11; ENVIRONMENTAL CONSERVATION - ENVIRONMENTAL IMPACT STATEMENT (EIS) - SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT (SEIS) - WHETHER SCHOOL CONSTRUCTION AUTHORITY (SCA) FAILED TO TAKE THE REQUISITE "HARD LOOK" AT LONG-TERM MAINTENANCE AND MONITORING OF MEASURES FOR THE REMEDIATION OF CONTAMINATED SOIL AND GROUNDWATER AT THE MOTT HAVEN SCHOOL CAMPUS SITE BEFORE ISSUING ITS EIS AND IS REQUIRED TO PREPARE A SEIS - EFFECT, IF ANY, OF SITE MANAGEMENT PLAN SCA DEVELOPED UNDER THE BROWNFIELD CLEANUP PROGRAM; Supreme Court, Bronx County granted a petition to direct respondent School Construction Authority (SCA) to prepare a supplemental environmental impact statement (SEIS) pursuant to the State Environmental Quality Review Act (SEQRA) with respect to long-term maintenance and monitoring of measures for the remediation of contaminated soil and groundwater at the Mott Haven School Campus site; App. Div. affirmed.

GILLIAM (TYRAY), PEOPLE v (86 AD3d 923):
4th Dept. App. Div. order of 7/1/11; affirmance; leave to appeal granted by Jones, J., 11/28/11; Rule 500.11 review pending; CRIMES - APPEAL - APPEAL WAIVER IN CONNECTION WITH GUILTY PLEA - APPELLATE DIVISION DID NOT SPECIFY WHETHER ITS AFFIRMANCE OF DEFENDANT'S CONVICTION WAS BASED ON THE VALIDITY OF THE APPEAL WAIVER OR ITS REVIEW AND REJECTION OF DEFENDANT'S EXCESSIVE SENTENCE CLAIM; Onondaga County Court convicted defendant, upon his guilty plea, of rape in the second degree; App. Div. affirmed.

HEIDGEN (MARTIN), PEOPLE v (87 AD3d 1016):
2nd Dept. App. Div. order of 9/13/11; affirmance; leave to appeal granted by Cohen, J., 11/23/11; CRIMES - MURDER - DEPRAVED INDIFFERENCE MURDER - INTOXICATED DEFENDANT TRAVELING WRONG WAY ON PARKWAY - SUFFICIENCY OF THE EVIDENCE TO SUPPORT DEPRAVED INDIFFERENCE; UNLAWFUL SEARCH AND SEIZURE - CLAIM THAT DEFENDANT'S BLOOD SAMPLE WAS ILLEGALLY OBTAINED AND IMPROPERLY ADMITTED INTO EVIDENCE; PRECLUSION OF EXPERT TESTIMONY FOR THE DEFENSE BY A POLICE ACCIDENT RECONSTRUCTIONIST; ALLEGED JUROR MISCONDUCT; Supreme Court, Nassau County convicted defendant, upon a jury verdict, of two counts of murder in the second degree, three counts of assault in the first degree, and two counts of operating a vehicle while under the influence of alcohol and imposed sentence; App. Div. affirmed.

MECKWOOD (LONNIE), PEOPLE v (86 AD3d 865):
3rd Dept. App. Div. order of 7/28/11; affirmance; leave to appeal granted by Read, J., 11/23/11; CRIMES - SENTENCE - SECOND VIOLENT FELONY OFFENDER - PREVIOUS CONVICTION IN ANOTHER STATE - USE OF OUT-OF-STATE CONVICTION AS A PREDICATE FELONY WHERE DEFENDANT WOULD HAVE BEEN ELIGIBLE FOR YOUTHFUL OFFENDER STATUS HAD HE COMMITTED THE CRIME IN NEW YORK; CLAIM THAT PENAL LAW § 70.04 IS UNCONSTITUTIONAL BECAUSE IT IS VAGUE, AMBIGUOUS AND FAILS TO CONSIDER MITIGATING FACTORS; Broome County Court convicted defendant, upon his guilty plea, of attempted robbery in the first degree; App. Div. affirmed.

TOWNSLEY (TAYDEN), PEOPLE v (2011 NY Slip Op 64401[U]):
3rd Dept. App. Div. order of 2/14/11; denial of writ of error coram nobis; leave to appeal granted by Lippman, Ch.J., 11/28/11; CRIMES - RIGHT TO COUNSEL - EFFECTIVE REPRESENTATION - AT TRIAL PROSECUTOR ACCUSED DEFENDANT AND HIS TWO ASSIGNED TRIAL ATTORNEYS OF CONSPIRING WITH A THIRD PARTY TO CONCOCT A DEFENSE THAT WOULD FALSELY SHIFT RESPONSIBILITY FOR THE CRIME TO THE THIRD PARTY; POTENTIAL CONFLICT BETWEEN DEFENDANT AND HIS COUNSEL NOT RAISED AT TRIAL OR BY APPELLATE COUNSEL; App. Div. denied defendant's motion for a writ of error coram nobis.

For December 9, 2011 through December 15, 2011, the following preliminary appeal statements were filed:

DE LUNA (ALBERTO), PEOPLE v (86 AD3d 433):
1st Dept. App. Div. order of 7/7/11; affirmance; leave to appeal granted by Jones, J., 11/28/11; Rule 500.11 review pending; CRIMES - APPEAL - APPEAL WAIVER IN CONNECTION WITH GUILTY PLEA - APPELLATE DIVISION DID NOT SPECIFY WHETHER ITS AFFIRMANCE OF DEFENDANT'S CONVICTION WAS BASED ON THE VALIDITY OF THE APPEAL WAIVER OR ITS REVIEW AND REJECTION OF DEFENDANT'S EXCESSIVE SENTENCE CLAIM; Supreme Court, New York County convicted defendant, upon his guilty plea, of attempted murder in the second degree, and sentenced him to a prison term of 15 years and 5 years of postrelease supervision; App. Div. affirmed.

GAVAZZI (JOHN), PEOPLE v (84 AD3d 1427):
3rd Dept. App. Div. order of 5/5/11; reversal; leave to appeal granted by Read, J., 11/28/11; CRIMES - UNLAWFUL SEARCH AND SEIZURE - SEARCH WARRANT FAILED TO IDENTIFY ISSUING COURT AND MAGISTRATE - WHETHER WARRANT "SUBSTANTIALLY COMPLIES" WITH STATUTORY REQUIREMENTS (CRIMINAL PROCEDURE LAW § 690.45); SUPPRESSION HEARING; Chenango County Court convicted defendant, upon his guilty plea, of the crimes of promoting a sexual performance by a child and possessing a sexual performance by a child; App. Div. reversed, granted defendant's motion to suppress evidence, and remitted the matter to County Court for further proceedings not inconsistent with the decision.

LITTLE v NEW YORK STATE TASK FORCE ON DEMOGRAPHIC RESEARCH AND REAPPORTIONMENT:
Supreme Court, Albany County order of 12/5/11; dismissed the complaint; sua sponte examination whether jurisdiction lies pursuant to CPLR 5601(b)(2); ELECTIONS - REDISTRICTING PLAN - REAPPORTIONMENT - WHETHER PART XX OF CHAPTER 57 OF THE LAWS OF 2010, WHICH REQUIRES THAT INMATES BE COUNTED FOR REAPPORTIONMENT PURPOSES IN THEIR LAST KNOWN RESIDENCE PRIOR TO THEIR IMPRISONMENT RATHER THAN IN THE LOCATION OF THEIR ASSIGNED CORRECTIONAL FACILITY, VIOLATES THE NEW YORK STATE CONSTITUTION; SUMMARY JUDGMENT; Supreme Court, Albany County granted two attorneys' motions to withdraw, denied a motion for leave to file an amicus curiae memorandum of law, denied plaintiffs' motion for partial summary judgment on the first cause of action, dismissed plaintiffs' second cause of action on consent of all parties, granted in their entirety the motions of defendants and intervenors- defendants for summary judgment dismissing plaintiffs' remaining causes of action, and dismissed the complaint.

SIEGMUND STRAUSS, INC. v EAST 149TH REALTY CORP. (81 AD3d 260):
1st Dept. App. Div. order of 12/21/10; affirmance; leave to appeal granted by Court of Appeals, 11/21/11; APPEAL - WHETHER APPELLATE DIVISION ERRED IN HOLDING THAT DEFENDANTS' APPEAL FROM THE FINAL SUPREME COURT JUDGMENT DID NOT BRING UP FOR REVIEW PRIOR NONFINAL SUPREME COURT ORDERS; DISMISSAL OF COUNTERCLAIMS AND THIRD- PARTY CLAIMS; DENIAL OF MOTION FOR LEAVE TO AMEND THE ANSWER; POSSESSION OF REAL PROPERTY PURSUANT TO CONTRACT; Supreme Court, New York County declared plaintiff to be the lawful tenant of the subject premises; App. Div. affirmed.

STATE OF NEW YORK, MATTER OF v C.B. (88 AD3d 599):
1st Dept. App. Div. order of 10/25/11; affirmance; sua sponte examination whether a substantial constitutional question is directly involved; MENTAL HEALTH - PROCEEDING BY STATE OF NEW YORK SEEKING AN ORDER AUTHORIZING RESPONDENT'S CIVIL MANAGEMENT PURSUANT TO MENTAL HYGIENE LAW ARTICLE 10 - CONFINEMENT OF SEX OFFENDER IN SECURE FACILITY AFTER SERVICE OF PRISON TIME - TRIAL COURT DENIED RESPONDENT'S APPLICATION FOR A PRETRIAL HEARING ON THE VOLUNTARINESS OF A CONFESSION; CLAIMED DENIAL OF DUE PROCESS; Supreme Court, Bronx County, upon a finding of mental abnormality made after a jury trial, and a determination made after a dispositional hearing that respondent is a dangerous sex offender requiring confinement, committed respondent to a secure treatment facility; App. Div. affirmed.

WATSON (TYRONE), PEOPLE v (82 AD3d 1276):
2nd Dept. App. Div. order of 3/29/11; affirmance; leave to appeal granted by Smith, J., 12/6/11; CRIMES - AGENCY DEFENSE IN NARCOTICS PROSECUTION - WHETHER "AGENT OF THE BUYER" DEFENSE IS AVAILABLE TO A DEFENDANT CHARGED WITH CRIMINAL FACILITATION FOR ACTING AS INTERMEDIARY BETWEEN DRUG BUYER AND DRUG SELLER; Supreme Court, Queens County, after a nonjury trial, convicted defendant of criminal facilitation in the fourth degree and criminal possession of a controlled substance in the seventh degree, and imposed sentence; App. Div. affirmed.