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For December 18, 2015 through December 24, 2015, the following preliminary appeal statements were filed:

PEOPLE ex rel. MOORE v SUPERINTENDENT OF COXSACKIE CORRECTIONAL FACILITY (2015 NY Slip Op 93293[U]):
3rd Dept. App. Div. order of 12/4/15; denial of application; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; HABEAS CORPUS - AVAILABILITY OF RELIEF - CPLR 7002(b); App. Div., among other things, denied petitioner's application for a writ of habeas corpus.

MURRAY v BANCO POPULAR (132 AD3d 743):
2nd Dept. App. Div. order of 10/14/15; reversal; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right and whether there is any other basis for an appeal as of right; NEGLIGENCE - MAINTENANCE OF PREMISES - PLAINTIFF SLIPPED AND FELL ON WET PORTION OF VESTIBULE FLOOR ON RAINY DAY - WHETHER DEFENDANTS CREATED THE ALLEGED HAZARDOUS CONDITION, OR HAD ACTUAL OR CONSTRUCTIVE NOTICE OF IT; SUMMARY JUDGMENT; Supreme Court, Kings County, denied defendants' motion for summary judgment dismissing the complaint; App. Div. reversed and granted defendants' motion for summary judgment dismissing the complaint.

NERONI, MATTER OF (135 AD3d 97):
4th Dept. App. Div. order of 11/13/15; suspension of attorney; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; ATTORNEY AND CLIENT - DISCIPLINARY PROCEEDINGS - CHALLENGE TO ORDER SUSPENDING ATTORNEY FROM PRACTICE OF LAW FOR TWO YEARS; App. Div., among other things, found attorney guilty of professional misconduct and suspended her from the practice of law for a period of two years and until further order of that court.

O'BRIEN v THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY (131 AD3d 823):
1st Dept. App. Div. order of 9/8/15; modification; leave to appeal granted by App. Div., 12/10/15; LABOR - SAFE PLACE TO WORK - ELEVATION-RELATED RISK - FALL DOWN WET TEMPORARY OUTDOOR STAIRCASE - APPLICABILITY OF LABOR LAW � 240(1) TO TEMPORARY OUTDOOR STAIRCASE AT WORKSITE - WHETHER PLAINTIFF WAS ENTITLED TO SUMMARY JUDGMENT ON LIABILITY ON HIS CLAIM UNDER LABOR LAW � 240(1); Supreme Court, New York County, denied plaintiff's motion and the cross motion of defendants Port Authority of New York and New Jersey, Tishman Construction Corporation of New York and Atlantic Housing and Scaffolding, LLC for summary judgment on plaintiff's Labor Law � 240(1) claim and granted plaintiff summary judgment on his Labor Law � 241(6) claim insofar as predicated on a violation of 12 NYCRR 23-1.7(d); App. Div. modified to grant plaintiff's motion for partial summary judgment as to liability on his Labor Law � 240(1) claim and to deny plaintiff summary judgment on his Labor Law � 241(6) claim as predicated on a violation of 12 NYCRR 23-1.7(d), and otherwise affirmed.

SCHULZ v CUOMO (133 AD3d 945):
3rd Dept. App. Div. order of 11/5/15; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right and whether the order appealed from finally determines the action within the meaning of the Constitution; DISMISSAL AND NONSUIT - DISMISSAL OF COMPLAINT - JUSTICIABILITY - STANDING; DECLARATORY JUDGMENT - ACTION SEEKING DECLARATION THAT IT WOULD BE A CONFLICT OF INTEREST FOR DEFENDANTS TO SERVE AS DELEGATES TO A FUTURE NEW YORK STATE CONSTITUTIONAL CONVENTION; INJUNCTION - PROCEEDING TO PERMANENTLY ENJOIN DEFENDANTS FROM BECOMING DELEGATES AT SUCH A CONVENTION; NY CONSTITUTION, ARTICLE XIX, � 2; Supreme Court, Albany County, granted certain defendants-respondents' motions to dismiss the complaint, and dismissed the complaint; App. Div. affirmed.

STATE OF NEW YORK, MATTER OF v RICHARD TT. (132 AD3d 72):
3rd Dept. App. Div. order of 8/13/15; reversal with a two-Justice dissent; leave to appeal granted by App. Div., 12/4/15; CRIMES - SEX OFFENDERS - CIVIL COMMITMENT OR SUPERVISION - SEX OFFENDER MANAGEMENT TREATMENT ACT (SOMTA) - WHETHER THE APPELLATE DIVISION CORRECTLY HELD THAT SUPREME COURT ABUSED ITS DISCRETION IN GRANTING RESPONDENT'S MOTION TO VACATE ORDERS DETERMINING THAT RESPONDENT HAS A MENTAL ABNORMALITY AND WAS A DANGEROUS SEX OFFENDER REQUIRING CONFINEMENT - SUFFICIENCY OF THE EVIDENCE OF MENTAL ABNORMALITY UNDER MATTER OF STATE OF NEW YORK v DONALD DD. (24 NY3d 174 [2014]); Supreme Court, Warren County, in a proceeding pursuant to Mental Hygiene Law article 10, granted respondent's motion to, among other things, vacate two prior orders of the court; App. Div. reversed, denied respondent's motion to vacate two prior Supreme Court orders, one finding him to be a detained sex offender suffering from a mental abnormality, and the other adjudicating him a dangerous sex offender requiring confinement.

ZITO v NEW YORK CITY OFFICE OF PAYROLL ADMINISTRATION (130 AD3d 1326):
3rd App. Div. order of 7/23/15; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; DISMISSAL AND NONSUIT - DISMISSAL OF COMPLAINT - ACTION BY FORMER SUBSTITUTE TEACHER EMPLOYED BY DEFENDANT NEW YORK CITY DEPARTMENT OF EDUCATION WHO WAS UNABLE TO OBTAIN A REFUND OF FICA TAXES ERRONEOUSLY PAID IN PRIOR YEARS - CLAIMED NEGLIGENCE, FRAUD, BREACH OF FIDUCIARY AND OTHER DUTIES; CLAIMED DUE PROCESS VIOLATIONS; Supreme Court, Delaware County, among other things, granted defendants' motions to dismiss the complaint; App. Div. affirmed.

For December 25, 2015 through December 31, 2015, the following preliminary appeal statements were filed:

BHUGRA v MASSACHUSETTS CASUALTY INSURANCE COMPANY (2015 NY Slip Op 86106[U]):
1st Dept. App. Div. order of 10/1/15; denial of motion; 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; APPEAL - APPELLATE DIVISION - MOTION TO ENLARGE TIME TO PERFECT APPEAL; App. Div. granted plaintiff an enlargement of time to perfect her appeal from a 3/25/14 Supreme Court, New York County, order to the September 2015 term; thereafter, the App. Div. denied plaintiff's motion for additional time to perfect the appeal.

CASTIGLIONE v KRUSE (130 AD3d 957):
2nd Dept. App. Div. order of 7/29/15; reversal; leave to appeal granted by App. Div., 12/3/15; Rule 500.11 review pending; MOTOR VEHICLES - INJURIES TO PEDESTRIANS - PEDESTRIAN STRUCK BY CAR IN CROSSWALK; SUMMARY JUDGMENT; COMPARATIVE FAULT; Supreme Court, Suffolk County, among other things, denied plaintiffs' motion for summary judgment on the issue of liability; App. Div. reversed and granted plaintiffs' motion for summary judgment on the issue of liability.

DIEGELMAN, MATTER OF v CITY OF BUFFALO (129 AD3d 1527):
4th Dept. App. Div. order of 6/12/15; reversal; leave to appeal granted by Court of Appeals, 12/15/15; MUNICIPAL CORPORATIONS - NOTICE OF CLAIM - LATE NOTICE - WHETHER THE APPELLATE DIVISION ERRED IN CONCLUDING THAT THE GENERAL MUNICIPAL LAW � 205-e CLAIM WAS PATENTLY WITHOUT MERIT; WHETHER A POLICE OFFICER'S ENTITLEMENT TO GENERAL MUNICIPAL LAW � 207-c BENEFITS PRECLUDES THE OFFICER FROM BRINGING A GENERAL MUNICIPAL LAW � 205-e CLAIM AGAINST THE OFFICER'S MUNICIPAL EMPLOYER; Supreme Court, Erie County, granted claimants' application for leave to serve a late notice of claim; App. Div reversed and denied the application.

D&R GLOBAL SELECTIONS, S.L. v BODEGA OLEGARIO FALCON PINEIRO (128 AD3d 486):
1st Dept. App. Div. order of 5/14/15; reversal; leave to appeal granted by Court of Appeals, 12/16/15; COURTS - JURISDICTION - LACK OF BASIS FOR PERSONAL AND LONG-ARM JURISDICTION - WHETHER NEW YORK COURTS POSSESSED SUBJECT MATTER JURISDICTION OVER THIS ACTION, ARISING FROM AN ORAL AGREEMENT BY THE NONDOMICILIARY PLAINTIFF BROKER TO PROCURE AN AMERICAN IMPORTER FOR THE NONDOMICILIARY DEFENDANT WINERY'S PRODUCTS, PURSUANT TO BUSINESS CORPORATION LAW � 1314(b)(4), WHICH REQUIRES A SHOWING OF PERSONAL JURISDICTION UNDER CPLR 302; Supreme Court, New York County, granted plaintiff's motion to reargue and, upon reargument, denied defendant's motion for summary judgment; App. Div. reversed, granted defendant's motion for summary judgment, and directed the Clerk to enter judgment dismissing the complaint.

EAST RAMAPO CENTRAL SCHOOL DISTRICT, MATTER OF v KING (130 AD3d 19):
3rd Dept. App. Div. order of 6/4/15; affirmance; leave to appeal granted by Court of Appeals, 12/17/15; PROCEEDING AGAINST BODY OR OFFICER - CERTIORARI - CPLR ARTICLE 78 PROCEEDING - WHETHER THE APPELLATE DIVISION ERRED IN DETERMINING THAT THE SCHOOL DISTRICT WAS FORECLOSED FROM BRINGING AN ARTICLE 78 PETITION BECAUSE THE FEDERAL INDIVIDUALS WITH DISABILITIES EDUCATION ACT DOES NOT PROVIDE A PRIVATE RIGHT OF ACTION FOR LOCAL EDUCATIONAL AGENCIES TO CHALLENGE A DETERMINATION OF RESPONDENT STATE EDUCATION DEPARTMENT; Supreme Court, Albany County, dismissed petitioner's application, in a CPLR article 78 proceeding, to, among other things, review a determination of respondent State Education Department which found that petitioner's dispute resolution practices relating to several students' individualized education programs violated the Individuals with Disabilities Education Act; App. Div. affirmed.

FRELIX, MATTER OF (134 AD3d 58):
1st Dept. App. Div. order of 10/22/15; suspension of attorney; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; ATTORNEY AND CLIENT - DISCIPLINARY PROCEEDINGS - SUSPENSION - CLAIMED DUE PROCESS AND EQUAL PROTECTION VIOLATIONS REGARDING PROFESSIONAL MISCONDUCT CHARGES; App. Div. suspended respondent attorney from the practice of law for a period of 5 years.

MATTER OF R.M., APPLICANT FOR ADMISSION TO THE NEW YORK STATE BAR:
1st Dept. App. Div. orders of 7/28/14 and 11/6/15; denial of application for admission to practice law; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right and whether the 7/28/14 order appealed from finally determines the proceeding within the meaning of the Constitution; ATTORNEY AND CLIENT - ADMISSION TO PRACTICE - CLAIMED ERRORS AND CONSTITUTIONAL VIOLATIONS IN APPELLATE DIVISION'S DENIAL OF PETITIONER'S APPLICATION FOR ADMISSION TO PRACTICE; App. Div. denied petitions seeking an order granting petitioner's application for admission to practice as an attorney and counselor-at-law in the State of New York, without prejudice to petitioner's application for same currently pending before the Committee on Character and Fitness (7/28/14 order); thereafter, App. Div. denied petitioner's application for admission to practice as an attorney and counselor-at-law in the State of New York (11/6/15 order).

ODUNBAKU, MATTER OF v ODUNBAKU (131 AD3d 617):
2nd Dept. App. Div. order of 8/19/15; affirmance; leave to appeal granted by Court of Appeals, 12/15/15; PARENT, CHILD AND FAMILY - SUPPORT - SERVICE OF FINDINGS OF FACT AND ORDER ON PARTY RATHER THAN ATTORNEY - WHETHER, IN LIGHT OF THIS COURT'S DECISION IN BIANCA v FRANK (43 NY2d 168[1977]), A STATUTE OF LIMITATIONS OR OTHER TIME PERIOD FOR SUBMITTING OBJECTIONS TO A FAMILY COURT FACT-FINDING ORDER, PURSUANT TO FAMILY COURT ACT � 439(e), BEGINS TO RUN WHEN COURT PAPERS HAVE BEEN MAILED BY THE CLERK OF THE COURT ONLY TO A PARTY, NOT TO THE PARTY'S ATTORNEY; Family Court, Richmond County, in effect, granted reargument and adhered to a November 2013 order denying as untimely defendant mother's objections to fact-finding orders reducing plaintiff father's child support obligations; App. Div. affirmed.

TARA N.P. v WESTERN SUFFOLK BOARD OF COOPERATIVE EDUCATIONAL SERVICES (131 AD3d 517):
2nd Dept. App. Div. order of 8/12/15; modification; leave to appeal granted by Court of Appeals, 12/16/15; MUNICIPAL CORPORATIONS - TORT LIABILITY - SPECIAL RELATIONSHIP - WHETHER THE APPELLATE DIVISION ERRED IN CONCLUDING AS A MATTER OF LAW THAT THE COUNTY WAS NOT LIABLE EITHER (1) FOR ITS REFERRAL OF A SEX OFFENDER TO WORK AT THE SCHOOL PLAINTIFF ATTENDED OR (2) AS LANDLORD OF THE BUILDING WHERE PLAINTIFF WAS ASSAULTED; GOVERNMENTAL IMMUNITY - SPECIAL DUTY; SUMMARY JUDGMENT; Supreme Court, Suffolk County, among other things, denied those branches of the County defendants' motion which were for summary judgment dismissing the complaint and all cross claims insofar as asserted against them; App. Div. modified by deleting the provision denying that branch of the County defendants' motion which was for summary judgment dismissing the complaint insofar as asserted against them, and substituting therefor a provision granting that branch of the motion, and affirmed as so modified.

PICKERING, MATTER OF v CAR WIN CONSTRUCTION, INC. (133 AD3d 1068):
3rd Dept. App. Div. order of 11/19/15; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right and whether any other jurisdictional basis exists for an appeal as of right; WORKERS' COMPENSATION - COUNSEL FEES - WHETHER CLAIMANT'S REQUEST FOR ATTORNEYS' FEES WAS IMPROPERLY DENIED WHERE THE WORKERS' COMPENSATION LAW JUDGE APPROVED A SETTLEMENT FOR CLAIMANT THAT INCLUDED WAIVER OF A $527,252.42 LIEN FOR PAST BENEFITS RECEIVED BY CLAIMANT - WORKERS' COMPENSATION LAW � 24; App. Div. affirmed a 5/7/14 decision of the Workers' Compensation Board which, among other things, disallowed an award of counsel fees.

MATTER OF 381 SEARCH WARRANTS DIRECTED TO FACEBOOK, INC. (NEW YORK COUNTY DISTRICT ATTORNEY'S OFFICE) (132 AD3d 11):
1st Dept. App. Div. order of 7/21/15; dismissal of appeals; leave to appeal granted by Court of Appeals, 12/16/15; CRIMES - SEARCH WARRANT - WARRANT SERVED ON ONLINE SOCIAL NETWORKING SITE - PRE-ENFORCEMENT CHALLENGE ON BEHALF OF TARGET OF WARRANT - WHETHER FACEBOOK, AN ONLINE SOCIAL NETWORKING SERVICE, SERVED WITH A WARRANT FOR CUSTOMER ACCOUNTS, CAN LITIGATE PRIOR TO ENFORCEMENT THE CONSTITUTIONALITY OF THE WARRANT ON ITS CUSTOMERS' BEHALF; COURTS - APPEALS - APPEALABLE PAPERS; Supreme Court, New York County, denied Facebook, Inc.'s motion to quash search warrants requiring Facebook to locate and produce user information and placing Facebook under an order of nondisclosure; thereafter, Supreme Court denied Facebook's motion to compel the New York County District Attorney's Office to disclose the investigator's affidavit submitted by the District Attorney's Office in support of its application for the search warrants; App. Div. dismissed appeals by Facebook, Inc. from both Supreme Court orders as taken from nonappealable papers.

VIRUET (MIGUEL), PEOPLE v (131 AD3d 714):
2nd Dept. App. Div. order of 8/26/15; affirmance; leave to appeal granted by Fahey, J., 12/15/15; CRIMES - INSTRUCTIONS - WHETHER THE TRIAL COURT ERRED IN REFUSING TO GIVE AN ADVERSE INFERENCE CHARGE TO THE JURY AFTER THE POLICE LOST A SURVEILLANCE VIDEO THAT HAD SOME RELEVANCE TO THE SHOOTING AT ISSUE - MISSING EVIDENCE; Supreme Court, Queens County, convicted defendant, upon a jury verdict, of murder in the second degree and two counts of criminal possession of a weapon in the second degree, and imposed sentence; App. Div. affirmed.