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For March 4, 2011 through March 10, 2011, the following preliminary appeal statements were filed:

CARRIE B., MATTER OF v JOSEPHINE B. (81 AD3d 1009):
3rd Dept. App. Div. order of 11/15/10; affirmance; PARENT AND CHILD - VISITATION - CHALLENGE TO APPELLATE DIVISION ORDER AFFIRMING DISMISSAL OF PETITION BROUGHT BY BIOLOGICAL MOTHER OF TWO CHILDREN AS TO WHOM HER PARENTAL RIGHTS WERE TERMINATED AND WHO WERE ADOPTED BY PETITIONER'S MOTHER - PETITIONER'S STANDING TO SEEK VISITATION WITH CHILDREN AS THEIR BIOLOGICAL MOTHER AND ADOPTIVE SIBLING; Family Court, Tompkins County dismissed petitioner's application, in a proceeding pursuant to Family Court Act article 6, for visitation with two children; App. Div. affirmed.

MIRVISH v MOTT (75 AD3d 269):
1st Dept. App. Div. order of 5/27/10; reversal; leave to appeal granted by Court of Appeals; GIFTS - INTER VIVOS GIFT - DEAD MAN'S STATUTE - TESTIMONY BY PERSON FROM WHOM PETITIONER DERIVES INTEREST AS EVIDENCE OF GIFT DELIVERY - CHALLENGE TO APPELLATE DIVISION RULING THAT SUCH TESTIMONY WAS INADMISSIBLE UNDER CPLR 4519 AND COULD NOT BE USED TO SUPPORT PETITIONER'S MOTION FOR SUMMARY JUDGMENT - EFFECT OF HANDWRITING ON BACK OF PHOTOGRAPH OF SCULPTURE BY WHICH DECEDENT PURPORTEDLY GAVE THE SCULPTURE TO PETITIONER'S ASSIGNOR; LIMITATION OF ACTIONS - WHETHER PETITIONER'S CONVERSION CLAIM IS BARRED BY THE APPLICABLE THREE-YEAR STATUTE OF LIMITATIONS; Surrogate's Court, New York County granted petitioner's cross motion for summary judgment on a petition for damages for claims sounding in conversion, replevin and constructive trust, and for a declaration that petitioner was the rightful owner of a bronze sculpture known as "The Cry" pursuant to an inter vivos gift by decedent to petitioner's assignor, and denying respondents' motion for summary judgment dismissing the petition; App. Div. reversed, granted respondents' motion for summary judgment to the extent of declaring that petitioner's claim of ownership of "The Cry" and his claims for damages are barred by the statute of limitations, and denied petitioner's cross motion.

PESA v YOMA DEVELOPMENT GROUP, INC. (74 AD3d 769):
Supreme Court, Queens County judgment, bringing up for review a 2nd Dept. App. Div. order of 6/1/10; dismissal of appeal as to one defendant and affirmance as to another defendant; leave to appeal granted by Court of Appeals, 2/24/11; CONTRACTS - BREACH OF CONTRACT - REAL ESTATE PURCHASE AGREEMENTS - WHETHER BUYERS ARE REQUIRED TO PROVE THAT THEY WERE READY, WILLING AND ABLE TO PERFORM UNDER THE CONTRACTS IN ORDER TO SUCCEED IN AN ACTION SEEKING DAMAGES FOR SELLER'S ANTICIPATORY BREACH; Supreme Court, Queens County, among other things, dismissed the complaint as against defendant Southpoint, Inc., granted the cross motion of defendant Yoma Development Group, Inc. to the extent of dismissing claims against it for specific performance and punitive damages and granted that branch of plaintiffs' cross motion which was for summary judgment on the issue of liability on the causes of action alleging breach of contract as against defendant Yoma Development Group, Inc.; App. Div. dismissed the appeal by defendant Southpoint, Inc. for lack of aggrievement, and otherwise affirmed; thereafter, Supreme Court awarded damages to plaintiff as against defendant Yoma Development Group, Inc. and dismissed the complaint as against defendant Southpoint, Inc.

ROSENBLUM, MATTER OF v THE NEW YORK CITY CONFLICTS OF INTEREST BOARD (75 AD3d 426):
1st Dept. App. Div. order of 7/1/10; affirmance; leave to appeal granted by Court of Appeals, 2/24/11; SCHOOLS - TEACHERS - DISCIPLINARY PROCEEDINGS - WHETHER THE COURTS BELOW ERRED IN CONCLUDING THAT EDUCATION LAW § 3020-a PROVIDES THE EXCLUSIVE MEANS TO DISCIPLINE A TENURED PEDAGOGUE AND THAT RESPONDENT NEW YORK CITY CONFLICTS OF INTEREST BOARD THEREFORE MAY NOT PROCEED WITH A TRIAL AGAINST A TENURED PEDAGOGUE BEFORE RESPONDENT NEW YORK CITY OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS FOR THE ALLEGED VIOLATION OF THE CITY'S CONFLICTS OF INTEREST LAW; Supreme Court, New York County granted a CPLR article 78 petition for a judgment prohibiting respondents from proceeding with an administrative trial of petitioner, a tenured pedagogue employed by the Board of Education of the City of New York, for the alleged violation of the Conflicts of Interest Law of the City of New York; App. Div. affirmed.

SNIFFEN, MATTER OF v WEYGANT (81 AD3d 1054):
3rd Dept. App. Div. order of 2/10/11; modification; sua sponte examination whether the order appealed from finally determines the proceeding within the meaning of the Constitution and whether the two-justice dissent was on the question of law; PARENT AND CHILD - CUSTODY - RELOCATION OF CUSTODIAL PARENT - WHETHER MOTHER'S RELOCATION WOULD BE IN CHILDREN'S BEST INTEREST - EXISTENCE OF PROOF CONCERNING CERTAIN FACTORS SUPPORTING RELOCATION; Family Court, Schoharie County, among other things, dismissed petitioner's application, in three proceedings pursuant to Family Court Act article 6, to modify a prior order of custody; App. Div. modified by reversing so much of the Family Court order as dismissed petitioner's application, granted the petition and remitted to Family Court for establishment of a visitation schedule for respondent, and affirmed the order as so modified.

STEWARD (ANTHONY), PEOPLE v (78 AD3d 481):
1st Dept. App. Div. order of 11/16/10; affirmance; leave to appeal granted by Ciparick, J., 2/24/11; CRIMES - SENTENCE - WHETHER DEFENDANT WITH A PRIOR VIOLENT FELONY CONVICTION, BUT NEVER ADJUDICATED A "SECOND FELONY OFFENDER," IS ELIGIBLE FOR RESENTENCING UNDER CPL 440.46 - DRUG LAW REFORM ACT OF 2009; Supreme Court, New York County denied defendant's CPL 440.46 motion for resentencing; App. Div. affirmed.

WRIGHT (NAFIS), PEOPLE v (78 AD3d 474):
1st Dept. App. Div. order of 11/16/10; affirmance; leave to appeal granted by Ciparick, J., 2/24/11; CRIMES - SENTENCE - WHETHER DEFENDANT WITH A PRIOR VIOLENT FELONY CONVICTION, BUT NEVER ADJUDICATED A "SECOND FELONY OFFENDER," IS ELIGIBLE FOR RESENTENCING UNDER CPL 440.46 - DRUG LAW REFORM ACT OF 2009; Supreme Court, New York County denied defendant's CPL 440.46 motion for resentencing; App. Div. affirmed.

For March 11, 2011 through March 17, 2011, the following preliminary appeal statements were filed:

ALVAREZ (LUIS), PEOPLE v (76 AD3d 1098):
2nd Dept. App. Div. order of 9/28/10; modification; leave to appeal granted by Lippman, Ch.J., 3/7/11; Rule 500.11 review pending; CRIMES - RIGHT TO PUBLIC TRIAL - CLOSURE OF COURTROOM - TRIAL COURT EXCLUDED DEFENDANT'S FAMILY MEMBERS FROM THE COURTROOM DURING THE JURY VOIR DIRE DUE TO LACK OF SEATING; Supreme Court, Queens County convicted defendant, upon a jury verdict, of two counts of criminal possession of a weapon in the second degree, two counts of criminal possession of a weapon in the third degree and two counts of criminal possession of a weapon in the fourth degree; App. Div. modified by (1) vacating the convictions of criminal possession of a weapon in the fourth degree, vacating the sentences imposed thereon, and dismissing those counts of the indictment, and (2) vacating the sentences imposed on the convictions of criminal possession of a weapon in the second degree; affirmed as so modified; and remitted the matter to Supreme Court for resentencing on the convictions of criminal possession of a weapon in the second degree.

JACKSON (SAMUEL), PEOPLE v (27 Misc 3d 5):
App. Term, 2nd, 11th and 13th Districts, order of 1/22/10; affirmance; leave to appeal granted by Jones, J., 3/3/11; CRIMES - COMPLAINT - CRIMINAL POSSESSION OF MARIHUANA IN THE FIFTH DEGREE (PENAL LAW § 221.10[1]) - WHETHER ACCUSATORY INSTRUMENT WAS JURISDICTIONALLY DEFECTIVE BECAUSE IT DID NOT ALLEGE THAT THE MARIHUANA WAS "OPEN TO PUBLIC VIEW" OR THAT IT WAS "BURNING" PRIOR TO THE STOP; SEARCH AND SEIZURE; Criminal Court of the City of New York, Kings County convicted defendant, upon his guilty plea, of criminal possession of marihuana in the fifth degree; App. Term affirmed.

OBOT v NATIONAL FUEL GAS DISTRIBUTION CORPORATION (81 AD3d 1254):
4th Dept. App. Div. orders of 2/10/11; affirmance; sua sponte examination whether one of the orders 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; DISMISSAL AND NONSUIT - ACTION CONCERNING PROVISION OF NATURAL GAS TO PLAINTIFF'S RESIDENTIAL PROPERTY - DISMISSAL OF COMPLAINTS; PUBLIC UTILITIES; Supreme Court, Erie County granted defendant's motion for permission to enter plaintiff's residence for the purpose of moving the interior gas meter to the exterior; thereafter, Supreme Court dismissed plaintiff's complaints and directed that, in the event plaintiff decides to bring another claim against defendant, he must first obtain leave of court; In separate orders, the App. Div. affirmed both Supreme Court orders.