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For February 18, 2011 through February 24, 2011, the following preliminary appeal statements were filed:

EANES v STATE OF NEW YORK (78 AD3d 1297):
3rd Dept. App. Div. order of 11/4/10; affirmance; leave to appeal granted by Court of Appeals, 2/10/11; Rule 500.11 review pending; STATE - CLAIM AGAINST STATE - UNLAWFUL INCARCERATION - CLAIM ALLEGING THAT THE STATE UNLAWFULLY IMPRISONED CLAIMANT DURING THE TERM OF HER POSTRELEASE SUPERVISION (PRS) AND DURING HER SUBSEQUENT INCARCERATION FOR VIOLATING THE TERMS OF HER PRS - WHETHER DEFENDANT STATE OF NEW YORK IS PRIVILEGED FROM CIVIL LIABILITY WHEN THE DEPARTMENT OF CORRECTIONAL SERVICES (DOCS) ADMINISTRATIVELY IMPOSED A STATUTORILY MANDATED PERIOD OF PRS THAT WAS NOT PRONOUNCED BY THE SENTENCING COURT; Court of Claims, among other things, granted defendant's cross motion for summary judgment dismissing the claim; App. Div. affirmed.

FORECLOSURE OF TAX LIENS BY ORANGE COUNTY COMMISSIONER OF FINANCE, MATTER OF v HELSETH (73 AD3d 1053):
2nd Dept. App. Div. order of 5/18/10; affirmance; leave to appeal granted by Court of Appeals, 2/15/11; TAXATION - TAX LIENS - FORECLOSURE OF TAX LIENS - ADEQUACY OF NOTICE TO FORMER PROPERTY OWNERS OF OPPORTUNITY TO PAY DELINQUENT REAL PROPERTY TAXES AND FEES TO RELEASE THE COUNTY'S INTEREST IN THE FORECLOSED PROPERTY; Supreme Court, Orange County, in effect, granted that branch of respondents' motion to allow them to pay back taxes and interest due with respect to their property to the extent of vacating the notice to redeem dated 6/12/08, and directed petitioner to re-serve the notice to redeem by certified and ordinary mail; App. Div. affirmed.

ORELLANES v STATE OF NEW YORK (78 AD3d 1308):
3rd Dept. App. Div. order of 11/4/10; affirmance; leave to appeal granted by Court of Appeals, 2/10/11; Rule 500.11 review pending; STATE - CLAIM AGAINST STATE - UNLAWFUL INCARCERATION - CLAIM ALLEGING THAT THE STATE UNLAWFULLY IMPRISONED CLAIMANT FOR VIOLATING THE TERMS OF HIS POSTRELEASE SUPERVISION (PRS) - WHETHER DEFENDANT STATE OF NEW YORK IS PRIVILEGED FROM CIVIL LIABILITY WHEN THE DEPARTMENT OF CORRECTIONAL SERVICES (DOCS) ADMINISTRATIVELY IMPOSED A STATUTORILY MANDATED PERIOD OF PRS THAT WAS NOT PRONOUNCED BY THE SENTENCING COURT; Court of Claims, among other things, granted defendants' motion for summary judgment dismissing the claim; App. Div. affirmed.

ORTIZ v STATE OF NEW YORK (78 AD3d 1314):
3rd Dept. App. Div. order of 11/4/10; affirmance; leave to appeal granted by Court of Appeals, 2/10/11; Rule 500.11 review pending; STATE - CLAIM AGAINST STATE - UNLAWFUL INCARCERATION - CLAIM ALLEGING THAT THE STATE UNLAWFULLY IMPRISONED CLAIMANT FOR VIOLATING THE TERMS OF HIS POSTRELEASE SUPERVISION (PRS) - WHETHER DEFENDANT STATE OF NEW YORK IS PRIVILEGED FROM CIVIL LIABILITY WHEN THE DEPARTMENT OF CORRECTIONAL SERVICES (DOCS) ADMINISTRATIVELY IMPOSED A STATUTORILY MANDATED PERIOD OF PRS THAT WAS NOT PRONOUNCED BY THE SENTENCING COURT; Court of Claims denied claimant's application pursuant to Court of Claims Act § 10(6) for permission to file a late notice of claim; App. Div. affirmed.

OVITZ v BLOOMBERG, L.P. (77 AD3d 515):
1st Dept. App. Div. order of 10/21/10; reversal; leave to appeal granted by Court of Appeals, 2/17/11; CONTRACTS - AUTOMATIC RENEWAL OF SUBSCRIBER CONTRACT - WHETHER A PRIVATE RIGHT OF ACTION EXISTS PURSUANT TO GENERAL OBLIGATIONS LAW §§ 5-901 AND 5-903 REGARDING REQUIRED RENEWAL NOTICE, AND WHETHER PLAINTIFF STATED A CLAIM UNDER GENERAL BUSINESS LAW § 349 WHERE PLAINTIFF WAS NOT DECEIVED IN NEW YORK; CLASS ACTION; Supreme Court, New York County denied so much of defendants' motion to dismiss the complaint as sought dismissal of the first, fifth and sixth causes of action; App. Div. reversed, granted in its entirety defendants' motion to dismiss the complaint, and dismissed the complaint.

POSNER v LEWIS (80 AD3d 308):
1st Dept. App. Div. order of 12/9/10; affirmance with dissents; leave to appeal granted by App. Div., 2/15/11; TORTS - PRIMA FACIE TORT - TORTIOUS INTERFERENCE WITH CONTRACTUAL RELATIONS - CLAIM FOR DAMAGES AS A RESULT OF DENIAL OF ELEMENTARY SCHOOL TEACHER'S APPLICATION FOR TENURE; Supreme Court, New York County denied defendants' motion to dismiss the complaint; App. Div. affirmed.

For February 25, 2011 through March 2, 2011, the following preliminary appeal statements were filed:

ASSURED GUARANTY (UK) LTD. v J.P. MORGAN INVESTMENT MANAGEMENT, INC. (80 AD3d 293):
1st Dept. App. Div. order of 11/23/10; modification; leave to appeal granted by App. Div., 2/17/11; INSURANCE - REINSURANCE - BREACH OF FIDUCIARY DUTY - FRAUD - WHETHER COMMON LAW CAUSES OF ACTION FOR BREACH OF FIDUCIARY DUTY AND GROSS NEGLIGENCE ARE PREEMPTED BY NEW YORK STATE'S MARTIN ACT (GENERAL BUSINESS LAW §§ 352-359) - ACTION AGAINST INVESTMENT MANAGER OF ASSETS OF REINSURANCE COMPANY; Supreme Court, New York County granted defendant's motion pursuant to CPLR 3211 to dismiss the complaint; App. Div. modified to reinstate the contract claims based on defendant's alleged violation of Delaware Insurance Code Chapter 13 that accrued on or after 6/26/07, as well as claims for breach of fiduciary duty and gross negligence that accrued on or after that date, and otherwise affirmed.

BHUGRA v MASSACHUSETTS CASUALTY INSURANCE COMPANY (80 AD3d 489):
1st Dept. App. Div. order of 1/18/11; reversal; 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; INSURANCE - DISABILITY INSURANCE - WHETHER DISABILITY POLICY ISSUED TO PLAINTIFF IS A CONTRACT BINDING THE INSURER'S AGENT; CONTRACT; PRINCIPAL AND AGENT; Supreme Court, New York County, among other things, denied the motion of defendant Disability Management Services (DMS) to dismiss the first cause of action as against it; App. Div. reversed, granted defendant DMS's motion to dismiss the first cause of action as against it and directed the clerk to enter judgment dismissing the complaint as against DMS.

McDOUGALL, MATTER OF v SCOPPETTA (76 AD3d 338):
2nd Dept. App. Div. judgment of 7/20/10; grant of CPLR article 78 petition; leave to appeal granted by Court of Appeals, 2/15/11; CIVIL SERVICE - FIREFIGHTERS - DISCIPLINARY PROCEEDINGS - WHETHER THE APPELLATE DIVISION ERRED IN HOLDING THAT THE TERMINATION OF PETITIONER'S EMPLOYMENT AS A FIREFIGHTER AND THE ATTENDANT FORFEITURE OF HIS PENSION AFTER TESTING POSITIVE FOR THE PRESENCE OF COCAINE IN HIS SYSTEM WAS SO DISPROPORTIONATE TO THE OFFENSE THAT IT SHOCKS THE JUDICIAL CONSCIENCE - PENALTY FOR VIOLATING FIRE DEPARTMENT'S "ZERO TOLERANCE" POLICY REGARDING THE USE OF PROHIBITED SUBSTANCES; App. Div. granted a CPLR article 78 petition to the extent of annulling so much of a determination of respondent Commissioner of the New York City Fire Department as imposed a penalty of termination of petitioner's employment, remitted the matter to respondents for the imposition of the lesser penalty allowing the petitioner to retire as of June 27, 2008, and fined the petitioner the sum of $80,000.

McMANUS, PEOPLE ex rel. v HORN (77 AD3d 571):
1st Dept. App. Div. order of 10/26/10; affirmance; leave to appeal granted by Court of Appeals, 2/17/11; BAIL - RIGHT TO BAIL - RIGHT TO HAVE BAIL SET WITH AT LEAST TWO FORMS OF PAYMENT SPECIFIED - WHETHER CPL 520.10(2) LIMITS THE DISCRETION OF A JUDGE TO DIRECT THAT BAIL BE POSTED IN ONE FORM ONLY - "CASH ONLY" BAIL; Supreme Court, Bronx County denied petitioner's application for a writ of habeas corpus and dismissed the petition; App. Div. affirmed.

SEDACCA, MATTER OF v MANGANO (78 AD3d 716):
2nd Dept. App. Div. order of 11/3/10; modification; leave to appeal granted by Court of Appeals, 2/17/11; PROCEEDING AGAINST BODY OR OFFICER - PROHIBITION - WHETHER, ABSENT CAUSE, THE NASSAU COUNTY EXECUTIVE MAY REMOVE COMMISSIONERS FROM THE NASSAU COUNTY ASSESSMENT REVIEW COMMISSION PRIOR TO THE EXPIRATION OF THEIR TERMS; DECLARATORY JUDGMENT; ALLEGED CONFLICT OF INTEREST OF COUNTY ATTORNEY; Supreme Court, Nassau County denied the CPLR article 78 petition and, in effect, dismissed the proceeding; App. Div. modified by adding to the judgment a provision declaring that the County Executive of the County of Nassau, notwithstanding the absence of cause, has authority to remove Commissioners of the Nassau County Assessment Review Commission from their offices prior to the expiration of their statutory terms, and affirmed as so modified.

STUTO v KERBER (77 AD3d 1233):
3rd Dept. App. Div. order of 10/28/10; affirmance; leave to appeal granted by Court of Appeals, 2/15/11; LABOR - HOURS AND WAGES - WHETHER BUSINESS CORPORATION LAW § 630, MAKING THE TEN LARGEST SHAREHOLDERS OF A CLOSELY HELD CORPORATION PERSONALLY LIABLE FOR UNPAID WAGES DUE TO EMPLOYEES, APPLIES TO FOREIGN CORPORATIONS; Supreme Court, Albany County, among other things, granted a motion by defendants McNeary and Jayko to dismiss the complaint against them; App. Div. affirmed.