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For June 29, 2018 through July 5, 2018, the following preliminary appeal statements were filed:

BATTISTELLA v JOYCE (137 AD3d 697):
1st Dept. App. Div. order of 3/31/16; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Husband and Wife--Divorce--Due process claims involving denial of a court-appointed attorney, insufficient opportunity to present evidence, cross-examine witnesses and examine a forensic psychologist report; missing portion of trial transcript; Supreme Court, New York County, among other things, awarded primary residential custody of the parties' children to defendant wife, with liberal visitation to plaintiff husband, awarded defendant child support, and directed plaintiff to pay a portion of the rent arrears on the former marital apartment; App. Div. affirmed.

MANUEL, MATTER OF v GRIFFIN (161 AD3d 872):
2nd Dept. App. Div. order of 5/9/18; confirmation of determination; 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; Prisons and Prisoners--Discipline of Inmates--Whether substantial evidence supports the hearing officer's determination that petitioner violated certain prison disciplinary rules; claimed due process violations; App. Div. confirmed respondent's determination affirming a determination of a hearing officer, made after a Tier II disciplinary hearing, finding petitioner guilty of violating certain Institutional Rules of Conduct and imposing penalties.

ROBERTS, PEOPLE ex rel. v BAXTER:
5/21/18 order of single 4th Dept. App. Div. Justice; denial of writ; sua sponte examination of whether an appeal as of right lies from an order of a single Justice of the App. Div.; Appeal--Appealable Paper--Order of a single Justice of the Appellate Division; habeas corpus; Hon. Nancy J. Smith, among other things, denied petitioner's application for a writ of habeas corpus, and dismissed the petition.

For July 6, 2018 through July 12, 2018, the following preliminary appeal statements were filed:

PEOPLE ex rel. ALLEN v YELICH (159 AD3d 1202):
3rd Dept. App. Div. order of 3/15/18; modification; leave to appeal granted by Court of Appeals, 6/27/18; Prisons and Prisoners--Calculation of Sentence--Whether respondent Department of Corrections and Community Supervision improperly calculated appellant's maximum expiration date for period of post-release supervision (PRS); appellant, who absconded from supervision, was sentenced for an unrelated crime in New Jersey; New Jersey court ordered sentence on New Jersey crime to run concurrently with undischarged portion of New York sentence, but appellant was not returned to New York State custody to serve the concurrent sentence; application of Penal Law �� 70.40 and 70.45; Supreme Court, Franklin County, denied petitioner's application for a writ of habeas corpus; App. Div. modified, by converting the CPLR article 78 proceeding, and, as so modified, affirmed.

DELEON (OMAR), PEOPLE v (157 AD3d 649):
1st Dept. App. Div. order of 1/30/18; reversal; leave to appeal granted by Wilson, J., 6/28/18; Crimes--Larceny--Whether evidence before grand jury was sufficient to support the charges of attempted grand larceny in the third and fourth degrees; defendant placed "fishing device" in mailbox into which joint police-postal service task force had inserted more than $3000 in money orders; no evidence presented as to the value of the mail defendant attempted to remove; Supreme Court, Bronx County, adhered to an order of the same court, entered on or about 7/8/16, which dismissed a count of the indictment charging attempted grand larceny in the third degree, and reduced a count charging attempted grand larceny in the fourth degree to attempted petit larceny; App. Div. reversed the order dated 11/16/16, denied defendant's motion to dismiss or reduce the indictment, and remanded the matter for further proceedings; and, dismissed the appeal from the order entered on or about 7/8/16 as superseded by the order entered 11/16/16.

DURAN v COUNTY OF MONROE:
Supreme Court, Monroe County, order of 5/2/18; sua sponte examination whether a direct appeal lies pursuant to CPLR 5601(b)(2) and whether the order appealed from finally determines the action within the meaning of the Constitution; Negligence-- Exemption from Liability for Negligence--Claims of personal injury by prisoner having a seizure while in custody of defendant jail deputies; liability of County for conduct of jail deputies; dismissal and nonsuit; claimed preemption of county law by state statutes; Supreme Court, among other things, granted defendant's motion to dismiss the complaint to the extent of dismissing the third and fourth causes of action, plaintiff's claim for punitive damages on the third and fourth causes of action, and all causes of action against defendants Jail Deputies "John Does" #1-10; and denied defendant's motion seeking dismissal of plaintiff's first and second causes of action.

GIUCA (JOHN), PEOPLE v (158 AD3d 642):
2nd Dept. App. Div. order of 2/7/18; reversal; leave to appeal granted by Wilson, J., 6/28/18; Crimes--Vacatur of Judgment of Conviction--Whether the People violated their obligation to disclose material information favorable to defendant (Brady v Maryland, 373 U.S. 83); Supreme Court, Kings County, after a hearing, denied defendant's CPL 440.10 motion to vacate a 10/19/05 Supreme Court judgment convicting him, upon a jury verdict, of murder in the second degree, robbery in the first degree, and criminal possession of a weapon in the second degree, and imposing sentence; App. Div. reversed, granted defendant's motion to vacate the judgment, vacated the judgment, and remitted the matter to Supreme Court for a new trial.

LI (STAN XUHUI), PEOPLE v (155 AD3d 571):
1st Dept. App. Div. order of 11/30/17; affirmance; leave to appeal granted by DiFiore, Ch.J., 6/25/18; Crimes--Manslaughter--Whether legally sufficient evidence supports defendant's convictions for second degree manslaughter; defendant physician prescribed a combination of opioids and alpraxolam to the victims, who overdosed; whether a homicide charge may be based on the sale of a controlled substance; Crimes--Reckless Endangerment--whether legally sufficient evidence exists that defendant's prescribing practices placed patients at imminent risk of death; Supreme Court, New York County, convicted defendant of two counts of manslaughter in the second degree, three counts of reckless endangerment in the first degree, three counts of reckless endangerment in the second degree, 170 counts of criminal sale of a prescription, one count of scheme to defraud in the first degree, two counts of grand larceny in the third degree, and eight counts of offering a false instrument for filing in the first degree, and sentenced defendant to an aggregate term of 10 to 20 years; App. Div. affirmed.

TRIBECA LENDING CORPORATION v BARTLETT (156 AD3d 519):
1st Dept. App. Div. order of 12/14/17; affirmance; sua sponte examination of 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; Mortgages--Foreclosure--Motion to vacate foreclosure judgment; claimed due process violations; Supreme Court, New York County, denied defendant Bartlett's motion to vacate a judgment of foreclosure and sale; App. Div. affirmed.

For July13, 2018 through July 19, 2018, the following preliminary appeal statements were filed:

AUSTIN, et al. MATTER OF v MILIN &c., et al. (161 AD3d 675):
1st Dept. App. Div. order 5/29/18; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Proceeding Against Body or Officer--Prohibition--Whether writ of prohibition lied to prevent enforcement of housing court order authorizing re-execution of eviction warrant; alleged constitutional violations; Supreme Court, New York County, denied the petition seeking, inter alia (1) a writ of prohibition against the enforcement of an order of Civil Court, New York County (Housing Part), entered on or about February 18, 2016, which granted defendant landlords' motion to re-execute a warrant of eviction and (2) an order restraining landlords from executing the warrant of eviction; and dismissed the CPLR article 78 proceeding; App. Div. affirmed.

CANGRO v MARANGOS (160 Ad3d 580):
1st Dept. App. Div. order of 4/26/18; 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--Whether the complaint was properly dismissed--action against attorney arising out of divorce proceeding; Supreme Court, New York County, denied plaintiff's motion for damages and sanctions against defendant, and dismissed the complaint; App. Div. affirmed.

TOMHANNOCK, LLC v ROUSTABOUT RESOURCES, LLC (149 AD3d 1219):
3rd Dept, App. Div. order of 4/6/17; affirmance; sua sponte examination whether the June 27, 2018 Supreme Court order appealed from finally determines the action within the meaning of the Constitution and whether the Supreme Court order is necessarily affected the April 6, 2017 order of the App. Div.; Specific Performance-- When Remedy Appropriate--Whether plaintiff, which entered into an option agreement whereby buyers of a parcel of real property agreed to reconvey a portion of the parcel to plaintiff upon plaintiff's request, was entitled to specific performance of the option agreement despite that plaintiff was unable to record the necessary deed due to a failure to obtain subdivision approval; Supreme Court, Rensselaer County, denied defendant's motion for summary judgment and granted plaintiff's cross motion for partial summary judgment seeking specific performance; and thereafter, granted plaintiff's cross motion for summary judgment seeking specific performance of the Option Agreement to the extent of directing defendant to sign the reconveyance deed within 30 days of service of a copy of the order with notice of entry; App. Div. affirmed; and thereafter, Supreme Court, Rensselaer County resettled the August 14, 2016 Supreme Court order to reflect that the court granted all the relief sought by plaintiff, with no further proceedings necessary on the first cause of action.