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For August 26, 2011 through September 1, 2011, the following preliminary appeal statements were filed:

FLORES (RAMON), PEOPLE v (83 AD3d 1460):
4th Dept. App. Div. order of 4/1/11; modification; leave to appeal granted by Pigott, J., 8/10/11; CRIMES - DISCLOSURE - WHETHER DEFENDANT IS ENTITLED TO PRODUCTION OF CHILD VICTIM'S VIDEOTAPED GRAND JURY TESTIMONY - CPL 240.45 - ROSARIO MATERIAL; CLAIMED MULTIPLICITOUS COUNTS IN INDICTMENT AND INEFFECTIVE ASSISTANCE OF COUNSEL; Niagara County Court convicted defendant, upon a jury verdict, of sexual abuse in the first degree, two counts of rape in the first degree, two counts of attempted sodomy in the first degree, and sodomy in the first degree; App. Div. modified by reversing that part of the judgment convicting defendant of attempted sodomy in the first degree under count three of the indictment and dismissing that count of the indictment, and affirmed as so modified.

LORA (RAFAEL), PEOPLE v (85 AD3d 487):
1st Dept. App. Div. order of 6/14/11; reversal and dismissal; motion to dismiss appeal pending; CRIMES - LESSER INCLUDED OFFENSE - INTENTIONAL MANSLAUGHTER AND RECKLESS MANSLAUGHTER - WHETHER THERE WAS NO REASONABLE VIEW OF THE EVIDENCE THAT DEFENDANT DID NOT INTEND TO CAUSE SERIOUS PHYSICAL INJURY IN SHOOTING AT THE VICTIM BUT ACTED RECKLESSLY IN DOING SO; WEIGHT OF THE EVIDENCE; Supreme Court, Bronx County convicted defendant, after a nonjury trial, of manslaughter in the second degree, and sentenced him to a term of 1 to 3 years; App. Div. reversed "on the law and on the facts" and dismissed the indictment.

MESSINA, MATTER OF v HUDSON NEWS COMPANY (81 AD3d 1068):
3rd Dept. App. Div. order of 2/10/11; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; WORKERS' COMPENSATION - ADVANCE PAYMENT - DIRECTION THAT EMPLOYER'S CARRIER PAY THE FULL AMOUNT OF CLAIMANT'S LIFETIME PERMANENT PARTIAL DISABILITY AWARD INTO THE AGGREGATE TRUST FUND - WORKERS' COMPENSATION LAW §§ 27(2) AND 15(3)(w) - NO CAP ON AWARD - CLAIMED DUE PROCESS VIOLATIONS; App. Div. affirmed decision of the Workers' Compensation Board filed 3/29/10 which directed the employer's workers' compensation carrier to make a deposit into the aggregate trust fund pursuant to Workers' Compensation Law § 27(2).

SOARES, MATTER OF v HERRICK (— AD3d —, 2011 NY Slip Op 06158):
3rd Dept. App. Div. judgment of 8/4/11; grant of CPLR article 78 petition; PROCEEDING AGAINST BODY OR OFFICER - PROHIBITION - WHEN REMEDY AVAILABLE - WHETHER THE APPELLATE DIVISION ERRED IN DETERMINING THAT A CPLR ARTICLE 78 PROCEEDING IN THE NATURE OF PROHIBITION LIES TO REVIEW THE TRIAL COURT ORDERS DISQUALIFYING THE DISTRICT ATTORNEY AND APPOINTING A SPECIAL DISTRICT ATTORNEY PURSUANT TO COUNTY LAW § 701; App. Div. granted a CPLR article 78 petition in the nature of prohibition; vacated two Albany County Court orders that, among other things, disqualified the District Attorney from further prosecuting a criminal case against respondents and appointed a Special District Attorney; and prohibited respondent Albany County Court Judge from taking any action in reliance on those orders.

WRIGHT, MATTER OF VENISZEE (2011 NY Slip Op 79240[U]):
4th Dept. App. Div. order of 7/20/11; denial of motion for leave to reargue or renew a motion to vacate the dismissal of an appeal; sua sponte examination whether the order appealed from finally determines the proceeding within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; APPEAL - CHALLENGE TO APPELLATE DIVISION ORDER DENYING PETITIONER'S MOTION FOR LEAVE TO REARGUE OR RENEW A MOTION TO VACATE THE DISMISSAL OF HIS APPEAL; App. Div. denied petitioner's motion for leave to reargue or to renew a motion to vacate the dismissal of the appeal taken to that court from a Monroe County Family Court order dated 3/15/10, which was denied by the App. Div. by order entered 5/17/11.

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

ALFARO (JOSE), PEOPLE v (85 AD3d 686):
1st Dept. App. Div. order of 6/30/11; affirmance; leave to appeal granted by Ciparick, J., 8/30/11; CRIMES - EVIDENCE - ADMISSION OF IMITATION PISTOL, HANDCUFFS AND HANDCUFF KEYS AS CIRCUMSTANTIAL EVIDENCE OF INTENT TO COMMIT ROBBERY AND ASSAULT CRIMES - POSSESSION OF ITEMS NOT INTRINSICALLY UNLAWFUL AND NOT USED, DISPLAYED OR THREATENED TO BE USED IN COMMISSION OF CRIMES - ABSENCE OF LIMITING INSTRUCTION - ALLEGED MOLINEUX VIOLATION; ALLEGED DENIAL OF A FAIR TRIAL DUE TO TRIAL COURT RULINGS AND PROSECUTORIAL MISCONDUCT; SUFFICIENCY OF THE EVIDENCE OF A COMPLETED ROBBERY; Supreme Court, New York County convicted defendant, after a jury trial, of robbery in the first and second degrees, assault in the first degree, and gang assault in the second degree, and sentenced him to an aggregate term of 15 years; Supreme Court then resentenced defendant to an aggregate term of 15 years, with 2 1/2 years' post-release supervision; App. Div. affirmed.

CARUSO v NORTHEAST EMERGENCY MEDICAL ASSOCIATES, P.C. (85 AD3d 1502; 54 AD3d 524):
3rd Dept. App. Div. order of 6/30/11, bringing up for review 3rd Dept. App. Div. order of 8/21/08; modification with dissents; Rule 500.11 review pending; RELEASE - SCOPE OF RELEASE - WHETHER GENERAL RELEASE BARRED ACTION FOR CONTRACTUAL INDEMNIFICATION; ASSIGNMENT OF CONTRACTUAL INDEMNIFICATION RIGHTS - WHETHER THE ACTION AND ASSIGNMENT ARE BARRED BY LANGUAGE THAT LIMITED THE ASSIGNMENT "TO THE EXTENT OF ANY INSURANCE COVERAGE PROVIDING BENEFITS OR COVERAGE TO [HOSPITAL DEFENDANT IN PRIOR MALPRACTICE ACTION]" - WHETHER ASSIGNMENT IS BARRED BY PUBLIC POLICY; Supreme Court, Schenectady County granted defendant's motion for summary judgment dismissing the complaint; App. Div. modified by reversing so much of the Supreme Court order as granted defendant's motion and denied the motion.

MOX (MICHAEL), PEOPLE v (84 AD3d 1723):
4th Dept. App. Div. order of 5/6/11; reversal; leave to appeal granted by Nancy E. Smith, J., 8/8/11; Rule 500.11 review pending; CRIMES - PLEA OF GUILTY - WITHDRAWAL OF PLEA - WHETHER TRIAL COURT MADE A SUFFICIENT INQUIRY TO ENSURE THAT GUILTY PLEA WAS KNOWINGLY AND VOLUNTARILY ENTERED AND THAT DEFENDANT'S STATEMENTS DURING THE PLEA COLLOQUY ESTABLISHED ALL OF THE ELEMENTS OF THE CRIME - DEFENDANT'S STATEMENTS THAT HE WAS IN PSYCHOTIC STATE AT TIME OF KILLING - PRESERVATION; Monroe County Court convicted defendant, upon his guilty plea, of manslaughter in the first degree; App. Div. reversed, vacated the plea and remitted the matter to Monroe County Court for further proceedings on the indictment.