text:
    People v Morris (Willie)
   3d Dept: 140 AD3d 1472 (Albany)

denied reconsideration 3/13/17 (Rivera, J.)


source: Caselaw Access Project

license: Public Domain

text:
    People v Morse
   2d Dept: 144 AD3d 710 (Dutchess)

denied 3/14/17 (Fahey, J.)


text:
    People v Mostiller
   4th Dept: 145 AD3d 1466 (Erie)

denied 3/20/17 (DiFiore, Ch. J.)


text:
    People v Myhand
   4th Dept: 144 AD3d 1616 (Monroe)

denied 3/21/17 (Garcia, J.)


text:
    People v Nembhard
   1st Dept: 146 AD3d 407 (Bronx)

denied 3/1/17 (Fahey, J.)


text:
    People v Nieves
   1st Dept: 146 AD3d 609 (NY)

denied 3/21/17 (Garcia, J.)


text:
    People v Nunez
   1st Dept: 147 AD3d 423 (NY)

denied 3/29/17 (Garcia, J.)


text:
    People v Oneal
   2d Dept: 145 AD3d 1041 (Kings)

denied 3/13/17 (Abdus-Salaam, J.)


text:
    People v Orta
   App Term, 1st Dept: 54 Misc 3d 16 (Bronx)

denied 3/1/17 (Fahey, J.)


text:
    People v Osteen
   4th Dept: 145 AD3d 1515 (Erie)

denied 3/30/17 (Rivera, J.)


text:
    People v Parrilla
   1st Dept: 145 AD3d 629 (NY)

denied 3/2/17 (Rivera, J.)


text:
    People v Paul
   4th Dept: 145 AD3d 1657 (Onondaga)

dismissed 3/31/17 (DiFiore, Ch. J.)


text:
    People v Peacock
   4th Dept: 145 AD3d 1545 (Erie)

denied 3/29/17 (Stein, J.)


text:
    People v Perillo
   3d Dept: 144 AD3d 1399 (Schenectady)

denied 3/2/17 (Rivera, J.)


text:
    People v Perkins
   3d Dept: 140 AD3d 1401 (Albany)

denied reconsideration 3/14/17 (Fahey, J.)


text:
    People v Phelps
   County Ct, 12/19/16 (Genesee)

dismissed 3/31/17 (Stein, J.)


text:
    People v Pilato
   4th Dept: 145 AD3d 1593 (Monroe)

denied 3/23/17 (Stein, J.)


text:
    People v Pine
   App Div, 3d Dept: 2016 NY Slip Op 93176(U) (Greene)

denied 3/2/17 (Rivera, J.)


text:
    People v Polgar
   App Term, 1st Dept: 54 Misc 3d 131(A) (NY)

denied 3/22/17 (Garcia, J.)


text:
    People v Pope
   4th Dept: 141 AD3d 1111 (Oneida)

denied 3/21/17 (Garcia, J.)


text:
    People v Quinones
   App Term, 1st Dept: 54 Misc 3d 133(A) (NY)

denied 3/23/17 (Garcia, J.)


text:
    People v Rabsatt
   1st Dept: 146 AD3d 530 (NY)

denied 3/27/17 (DiFiore, Ch. J.)


text:
    People v Ringel
   2d Dept: 145 AD3d 1041 (Nassau)

denied 3/23/17 (Garcia, J.)


text:
    People v Rivaldo
   4th Dept: 145 AD3d 1605 (Monroe)

denied 3/13/17 (Abdus-Salaam, J.)


text:
    People v Rivers
   4th Dept: 145 AD3d 1591 (Jefferson)

denied 3/10/17 (Stein, J.)


text:
    People v Rizk
   1st Dept: 146 AD3d 523 (NY)

denied 3/21/17 (Garcia, J.)


text:
    People v Rizzo
   2d Dept: 146 AD3d 904 (Kings)

denied 3/6/17 (Stein, J.)


text:
    People v Rodriguez (Jean)
   1st Dept: 146 AD3d 456 (NY)

denied 3/21/17 (Stein, J.)


text:
    People v Rodriguez (Jose)
   App Term, 1st Dept: 54 Misc 3d 129(A) (NY)

denied 3/27/17 (Stein, J.)


text:
    People v Rogers
   App Term, 1st Dept: 54 Misc 3d 130(A) (NY)

denied 3/15/17 (DiFiore, Ch. J.)


text:
    People v Rohs
   2d Dept: 140 AD3d 800 (Westchester)

denied 3/21/17 (Garcia, J.)


text:
    People v Rolon
   1st Dept: 147 AD3d 420 (Bronx)

denied 3/27/17 (DiFiore, Ch. J.)


text:
    People v Romero
   2d Dept: 143 AD3d 1003 (Queens)

denied 3/3/17 (Rivera, J.)


text:
    People v Rosado
   App Div, 3d Dept: 2017 NY Slip Op 62142(U) (Broome)

denied 3/31/17 (Fahey, J.)


text:
    People v Ross
   App Term, 1st Dept: 53 Misc 3d 155(A) (NY)

denied 3/14/17 (Fahey, J.)


text:
    People v Sanchez
   App Term, 1st Dept: 54 Misc 3d 133(A) (NY)

denied 3/22/17 (Stein, J.)


text:
    People v Serrano-Gonzalez
   3d Dept: 146 AD3d 1013 (Saratoga)

denied 3/31/17 (Fahey, J.)


text:
    People v Shakeem B.
   App Term, 2d Dept, 2d, 11th & 13th Jud Dists: 55 Misc 3d 47 (Kings)

denied 3/29/17 (Garcia, J.)


text:
    People v Sheard
   1st Dept: 145 AD3d 476 (NY)

denied 3/3/17 (Abdus-Salaam, J.)


text:
    People v Sidibe
   1st Dept: 145 AD3d 559 (NY)

denied 3/6/17 (Stein, J.)


text:
    People v Silburn
   2d Dept: 145 AD3d 799 (Kings)

granted 3/20/17 (Stein, J.)


text:
    People v Simmons
   1st Dept: 146 AD3d 560 (NY)

denied 3/31/17 (Fahey, J.)


text:
    People v Smalls
   2d Dept: 145 AD3d 802 (Nassau)

denied 3/6/17 (Stein, J.)


text:
    People v Smith (Leroy)
   2d Dept: 147 AD3d 792 (Kings)

denied 3/30/17 (Rivera, J.)


text:
    People v Smith (Patrick)
   2d Dept: 146 AD3d 905 (Westchester)

denied 3/23/17 (Garcia, J.)


text:
    People v Sowers
   1st Dept: 147 AD3d 482 (NY)

denied 3/30/17 (Rivera, J.)


text:
    People v Summers
   App Div, 4th Dept, 10/28/16 (Erie)

dismissed 3/21/17 (Garcia, J.)


text:
    People v Taft
   3d Dept: 145 AD3d 1090 (Broome)

denied 3/1/17 (Fahey, J.)


text:
    People v Tague
   1st Dept: 144 AD3d 576 (NY)

denied 3/3/17 (Abdus-Salaam, J.)


text:
    People v Taylor
   4th Dept: 140 AD3d 1738 (Livingston)

denied 3/3/17 (Rivera, J.)


text:
    People v Terborg (Jeffrey)
   App Div, 4th Dept: 2016 NY Slip Op 88959(U) (Monroe)

denied reconsideration 3/9/17 (Stein, J.)


text:
    People v Terborg (Jeffrey)
   App Div, 4th Dept: 2017 NY Slip Op 61437(U) (Monroe)

dismissed 3/27/17 (Stein, J.)


text:
    People v Thibeault
   App Div, 3d Dept: 2016 NY Slip Op 85827(U) (Cortland)

denied reconsideration 3/1/17 (Fahey, J.)


text:
    People v Thomas (Jason)
   1st Dept: 146 AD3d 604 (Bronx)

denied 3/13/17 (Stein, J.)


text:
    People v Thomas (Moses)
   1st Dept: 146 AD3d 569 (Bronx)

denied 3/29/17 (Garcia, J.)


text:
    People v Thomas (Rogelio)
   2d Dept: 143 AD3d 922 (Queens)

denied 3/2/17 (Fahey, J.)


text:
    People v Torres
   1st Dept: 145 AD3d 442 (Bronx)

denied 3/6/17 (Rivera, J.)


text:
    People v Tow
   App Term, 1st Dept: 53 Misc 3d 154(A) (NY)

denied 3/3/17 (Abdus-Salaam, J.)


text:
    People v Tristen S.
   2d Dept: 147 AD3d 787 (Queens)

denied 3/27/17 (Stein, J.)


text:
    People v Villalona
   1st Dept: 145 AD3d 625 (NY)

denied 3/31/17 (Fahey, J.)


text:
    People v Villarreal
   1st Dept: 146 AD3d 598 (NY)

denied 3/23/17 (Stein, J.)


text:
    People v Waite
   3d Dept: 145 AD3d 1098 (Warren)

denied 3/29/17 (Garcia, J.)


text:
    People v Waller
   App Div, 1st Dept: 2016 NY Slip Op 96093(U) (NY)

denied 3/30/17 . (Stein, J.)


text:
    People v Warren (Tito)
   2d Dept: 124 AD3d 699 (Queens)

denied 3/30/17 (Rivera, J.)


text:
    People v Warren (Vincent)
   App Div, 1st Dept: 2016 NY Slip Op 96037(U) (Bronx)

denied 3/23/17 (Garcia, J.)


text:
    People v Washington
   1st Dept: 146 AD3d 482 (Bronx)

denied 3/14/17 (Fahey, J.)


text:
    People v White
   2d Dept: 144 AD3d 1057 (Suffolk)

denied 3/3/17 (Abdus-Salaam, J.)


text:
    People v Wilkins
   1st Dept: 146 AD3d 427 (NY)

denied 3/30/17 (Rivera, J.)


text:
    People v Williams (Bobbie)
   2d Dept: 146 AD3d 905 (Kings)

denied 3/21/17 (Garcia, J.)


text:
    People v Williams (Hikeme)
   4th Dept: 136 AD3d 1280 (Onondaga)

denied 3/10/17 (Stein, J.)


text:
    People v Williams (James)
   1st Dept: 146 AD3d 410 (NY)

denied 3/22/17 (Garcia, J.)


text:
    People v Williams (Jerry)
   2d Dept: 147 AD3d 792 (Kings)

denied 3/30/17 (Rivera, J.)


text:
    People v Williams (Michael)
   App Term, 1st Dept: 54 Misc 3d 133(A) (NY)

denied 3/29/17 (Garcia, J.)


text:
    People v Wilson
   App Term, 1st Dept: 53 Misc 3d 143(A) (Bronx)

denied 3/2/17 (Rivera, J.)


text:
    People v Worth
   4th Dept: 145 AD3d 1573 (Erie)

denied 3/3/17 (Stein, J.)


text:
    People v Wright (Ronald)
   App Term, 1st Dept: 54 Misc 3d 133(A) (NY)

denied 3/31/17 (Fahey, J.)


text:
    People v Wright (Wayne)
   App Term, 1st Dept: 54 Misc 3d 128(A) (NY)

denied 3/14/17 (Fahey, J.)


text:
    People v Zamani
   2d Dept: 145 AD3d 1046 (Nassau)

denied 3/2/17 (Rivera, J.)


text:
    People v Zeh
   3d Dept: 144 AD3d 1395 (Ulster)

denied 3/14/17 (Fahey, J.)


text:
    (March 1, 2017 through
    March 31, 2017)
    People v Every
   3d Dept: 146 AD3d 1157 (Tioga)

granted 3/30/17 (Aarons, J.)


text:
    People v Kislowski
   3d Dept: 145 AD3d 1197 (Warren)

granted 3/3/17 (Lynch, J.)


text:
    People v Small
   1st Dept: 145 AD3d 478 (Bronx)

granted 3/2/17 (Webber, J.)


text:
    People v Wallace
   4th Dept: 147 AD3d 1494 (Erie)

granted 3/24/17 (Lindley)


text:
    [73 NE3d 841, 51 NYS3d 485]
    The People of the State of New York, Appellant, v Matthew A. Slocum, Respondent.
    Argued February 7, 2017;
    decided March 23, 2017

      APPEARANCES OF COUNSEL

      New York Prosecutors Training Institute, Inc., Albany (Jason P. Weinstein and Wendy Evans Lehmann of counsel), and P David Soares, Special District Attorney, Albany, for appellant.

      Michael J. Mercure, Public Defender, Fort Edward (.Robert M. Winn of counsel), for respondent.

      Debevoise & Plimpton LLP, New York City {Matthew L. Biben and Susan Gittes of counsel), and The Bronx Defenders, Bronx {Justine J. Olderman, V. Marika Meis and Saul Zipkin of counsel), for The Bronx Defenders and others, amici curiae.
   OPINION OF THE COURT

Memorandum.

The appeal should be dismissed upon the ground that the reversal by the Appellate Division was not “on the law alone or upon the law and such facts which, but for the determination of law, would not have led to reversal” (CPL 450.90 [2] [a]).

The Appellate Division concluded that defendant unequivocally invoked his right to counsel and his statements should have been suppressed. Whether a request for counsel is unequivocal presents a mixed question of law and fact (see People v Porter, 9 NY3d 966, 967 [2007]; People v Glover, 87 NY2d 838, 839 [1995]). The Appellate Division’s reversal therefore was not “on the law alone or upon the law and such facts which, but for the determination of law, would not have led to reversal” (CPL 450.90 [2] [a]). As a result, we have no jurisdiction over this appeal (see id.; see generally People v Brown, 25 NY3d 973, 975 [2015]; People v Polhill, 24 NY3d 995, 997 [2014]).

The People contend that the Appellate Division committed an error of law by conflating the issue of whether defendant’s request for counsel was unequivocal with the separate issue of whether a letter from defense counsel constituted an entry by counsel into the proceeding (see generally People v Arthur, 22 NY2d 325, 328-329 [1968]). Even assuming for the sake of argument that such a legal error occurred, we cannot conclude that, but for the error, the Appellate Division would not have reversed the judgment (see CPL 450.90 [2] [a]). Before discussing the issue of the letter, the Appellate Division decidedly held that defendant unequivocally invoked his right to counsel (People v Slocum, 133 AD3d 972, 975-976 [3d Dept 2015]). We therefore have no jurisdiction to address the People’s argument that the Appellate Division improperly conflated the two issues or the Appellate Division’s conclusion that the letter did not constitute an entry by counsel.

Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur; Judge Wilson taking no part.

Appeal dismissed upon the ground that the reversal by the Appellate Division was not “on the law alone or upon the law and such facts which, but for the determination of law, would not have led to reversal” (CPL 450.90 [2] [a]), in a memorandum.


text:
    [73 NE3d 842, 51 NYS3d 486]
    The People of the State of New York, Respondent, v Norman Whitehead, Jr., Also Known as Norm, Appellant.
    Argued February 7, 2017;
    decided March 28, 2017

      APPEARANCES OF COUNSEL

      Hug Law, PLLC, Albany (Matthew C. Hug of counsel), for appellant.

      Eric T. Schneiderman, Attorney General, New York City (Lisa E. Fleischmann, Barbara D. Underwood and Nikki Kowalski of counsel), for respondent.
   OPINION OF THE COURT

Memorandum.

The order of the Appellate Division, insofar as appealed from, should be affirmed.

We reject defendant’s claim that the evidence was not legally sufficient to support his convictions. Although the People did not recover or introduce any of the cocaine that defendant was charged with possessing, “direct evidence in the form of contraband or other physical evidence is not the only adequate proof” (People v Samuels, 99 NY2d 20, 24 [2002]). The People presented sufficient evidence in the form of, among other things, defendant’s intercepted phone calls replete with drug-related conversations, visual surveillance, and the testimony of cooperating witnesses. Defendant’s remaining legal sufficiency claims, including his challenge to the People’s proof concerning the weight of the drugs, are unpreserved.

We also reject defendant’s challenge to the People’s limited remarks during their opening statement regarding the Penal Law definition of “[s]ell” (Penal Law § 220.00 [1]). The People did not misstate the law and, as the trial court reasoned, the unique facts of this case — involving “an agreement” to sell rather than “an actual transaction” — did not conform to the conventional meaning of a “sale.” Moreover, both the People and the trial judge explained that the court — not the attorneys — would instruct the jury on the law. The court therefore did not abuse its discretion by permitting the comments.

Defendant’s challenge to the People’s summation is unpre-served, and his claims concerning the grand jury and jury charge are without merit. As to defendant’s remaining claims, we agree with the Appellate Division that, to the extent they are preserved, defendant’s claims are without merit.

Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein, Fahey, Garcia and Wilson concur.

Order, insofar as appealed from, affirmed, in a memorandum.


author: Garcia, J.

text:
    [73 NE3d 850, 51 NYS3d 493]
    Robert Obey, Appellant, v City of New York, Defendant, and New York City Transit Authority, Respondent.
    Decided April 4, 2017

      APPEARANCES OF COUNSEL

      Pollack, Pollack, Isaac & DeCicco, LLP, New York City (Brian J. Isaac of counsel), for appellant.

      Lawrence Heisler, Brooklyn, for respondent.
   OPINION OF THE COURT

Memorandum.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, and case remitted to the Appellate Division, First Department, for consideration of issues raised but not determined on the appeal to that Court. Legally sufficient evidence supported the jury’s finding that defendant New York City Transit Authority was negligent and that its negligence was a proximate cause of plaintiff’s injury.

Concur: Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein, Fahey and Wilson concur. Judge Garcia dissents and votes to affirm, in an opinion.

Garcia, J.

(dissenting). Plaintiff — while “high on Xanax and Klonopin” — left a methadone clinic, fell off a subway platform, and was struck by a train. The jury returned a verdict apportioning fault 60% to plaintiff and 40% to defendant New York City Transit Authority (NYCTA), and awarding plaintiff a total of approximately $2 million in damages. Supreme Court set aside the verdict and dismissed the complaint. The Appellate Division affirmed (142 AD3d 890 [1st Dept 2016]). I agree with both lower courts, and therefore I dissent.

Plaintiff entered the subway station around 11:15 a.m. and was discovered injured on the tracks at 11:58 a.m. During those 43 minutes, at least two trains passed through the station. Neither train operator saw plaintiff, although the operator of the second train reported observing white sneakers on the train tracks. Plaintiff had no memory of the incident, but contended at trial that the second train caused his injuries, and that the driver of that train had acted negligently.

First, as to causation, plaintiff failed to satisfy his burden that the second train — and not the first train — caused his injuries. Although neither operator believed that his train had hit plaintiff — and plaintiff had no recollection of the incident— the physical evidence points solely to the first train as the proximate cause of plaintiff’s injuries: what appeared to be bloodstains were discovered on four cars of the first train, while no such stains were discovered on the second train. In an attempt to refute the physical evidence, plaintiff’s expert claimed that the apparent bloodstains may actually have been “grape juice,” “pop/soda,” or rat blood, and that the weight and heat of the train may have cauterized plaintiff’s wound. Not only are these claims incredible on their face, but they are undermined by plaintiff’s own evidence. For instance, plaintiff contends that his wound may have instantly cauterized — to explain the absence of any blood on the second train — while simultaneously pointing to a “large pool of blood” on the tracks for purposes of determining the accident location. On this record, the sum of the credible evidence indicates that plaintiff’s injuries were caused by the first train, and accordingly, there is “no valid line of reasoning and permissible inferences” to sustain plaintiff’s verdict (Cohen v Hallmark Cards, 45 NY2d 493, 499 [1978]).

Even assuming that the second train caused plaintiff’s injuries, plaintiff also failed to make a prima facie showing that the operator of that train acted negligently. In support of his claim of negligence, plaintiff argues that an incident report prepared by a NYCTA employee indicates that the operator saw the white sneakers on the track “as he was entering” the station, which — according to plaintiff’s expert — would have allowed sufficient time for the operator to engage the emergency brake and stop the train before hitting plaintiff. However, plaintiff’s expert implicitly rejected the proposition that the operator observed the sneakers immediately upon entering the station — a 400 foot distance — by testifying that the train’s headlights would not have illuminated the sneakers until, at the earliest, “151.5 feet from the front of the train.” Although the expert opined that 151.5 feet would have been a sufficient distance to stop the train, there is no record evidence to support the expert’s assumption that the operator actually observed the sneakers from a distance of 151.5 feet. Rather, according to the operator’s trial testimony as well as his written report from the day of the accident, the operator did not see the sneakers until the train was almost fully stopped near the end of the station. In the absence of any credible evidence that the operator had adequate time to stop the train, the jury’s verdict relied on unsubstantiated speculation regarding the operator’s negligence (Cohen, 45 NY2d at 499).

Because plaintiff failed to make a prima facie showing of either negligence or causation, the jury’s verdict is not supported by legally sufficient evidence and should be set aside.


text:
    John L. Bell, Individually and as Shareholder of Norpco Restaurant, Inc. and Butcher Block of Albany, Inc., Appellant, v David R. White et al., Respondents.
    Submitted January 9, 2017;
    decided April 4, 2017
   Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.

Judge Stein taking no part.


text:
    Michael J. Carlson, Sr., Individually and as Administrator of the Estate of Claudia D’Agostino Carlson, Deceased, and as Assignee of William Porter, Appellant, v American International Group, Inc., et al., Respondents.
    Decided April 4, 2017
   Reargument ordered and case set down for argument at a future session of the Court of Appeals.

Concur: Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein, Garcia and Wilson. Taking no part: Judge Fa-hey.


text:
    In the Matter of Michael H. Cassidy, Appellant, v New York State Board of Parole, Respondent.
    Submitted February 21, 2017;
    decided April 4, 2017
   Motion for reargument of motion for leave to appeal denied [see 28 NY3d 1128 (2017)].


text:
    Estate of Charlotte Sherman, Appellant, v Southbridge Towers, Inc., Respondent.
    Submitted January 30, 2017;
    decided April 4, 2017
   Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that affirmed Supreme Court’s denial of the motion to vacate, dismissed upon the ground that such portion of the order does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied.


text:
    Jeffrey Gural, Appellant, et al., Plaintiff, v Fred Drasner, Respondent.
    Submitted January 23, 2017;
    decided April 4, 2017
   Motion for reargument of motion for leave to appeal dismissed as untimely (see Rules of Ct of Appeals [22 NYCRR] § 500.24 [b]) [see 24 NY3d 935 (2014)].


text:
    In the Matter of Morifere Bengali Kone, Respondent, v Lakeasha Martin, Respondent. Bonnie Paley, Nonparty Appellant.
    Submitted February 14, 2017;
    decided April 4, 2017
   Motion for leave to appeal dismissed upon the ground that movant is not a party aggrieved (see CPLR 5511).


text:
    In the Matter of Raymond Newcomb et al., Appellants, v Middle Country Central School District, Respondent.
    Submitted February 6, 2017;
    decided April 4, 2017
   Motion for reargument denied [see 28 NY3d 455 (2016)].


text:
    Akwasi Boakye Osei et al., Appellants, v Huawei Technologies Co., Limited, et al., Respondents.
    Submitted February 6, 2017;
    decided April 4, 2017
   Motion for leave to appeal from the August 2016 order of the Appellate Division dismissed upon the ground that the order does not finally determine the action within the meaning of the Constitution. Motion for ancillary relief dismissed upon the ground that the Court of Appeals does not have jurisdiction to entertain it (see NY Const, art VI, § 3).


text:
    Akwasi Boakye Osei et al., Appellants, v Huawei Technologies Co., Limited, et al., Respondents.
    Submitted February 6, 2017;
    decided April 4, 2017
   Motion for leave to appeal from the September 2016 order of the Appellate Division denied. Motion for ancillary relief dismissed upon the ground that the Court of Appeals does not have jurisdiction to entertain it (see NY Const, art VI, § 3).


text:
    Akwasi Boakye Osei, Appellant, v Standard Chartered Bank et al., Respondents.
    Submitted February 6, 2017;
    decided April 4, 2017
   Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution. Motion for ancillary relief dismissed upon the ground that the Court of Appeals does not have jurisdiction to entertain it (see NY Const, art VI, § 3).


text:
    Akwasi Boakye Osei, Appellant, v Standard Chartered Bank et al., Respondents.
    Submitted February 6, 2017;
    decided April 4, 2017
   Motion, insofar as it seeks leave to appeal from so much of the Appellate Division order as dismissed the appeal from the April 2016 Supreme Court order, denied; motion, insofar as it seeks leave to appeal from the remaining portion of the Appellate Division order, dismissed upon the ground that such portion of the order does not finally determine the action within the meaning of the Constitution. Motion for ancillary relief dismissed upon the ground that the Court of Appeals does not have jurisdiction to entertain it (see NY Const, art VI, § 3).


text:
    The People of the State of New York ex rel. James Pearce, Appellant, v Stewart Eckert, Respondent.
    Submitted January 30, 2017;
    decided April 4, 2017
   Motion for leave to appeal dismissed upon the ground that it does not lie from the order of an individual Justice of the Appellate Division (see NY Const, art VI, § 3 [b]; CPLR 5602). Motion for poor person relief dismissed as academic.

Judge Fahey taking no part.


text:
    In the Matter of Ronald C., Respondent, v Sherry B., Respondent. Attorney for the Children, Appellant.
    Submitted January 3, 2017;
    decided April 4, 2017
   Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution.


text:
    In the Matter of the Claim of Dorota Von Maack, Appellant, v Wyckoff Heights Medical Center et al., Respondents. Workers’ Compensation Board, Respondent.
    Submitted January 30, 2017;
    decided April 4, 2017
   Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution.


text:
    Wagner Davis P.C., Respondent, v James Brady Jr., Appellant, et al., Defendants.
    Submitted January 23, 2017;
    decided April 4, 2017
   Motion for leave to appeal dismissed upon the ground that the Court of Appeals does not have jurisdiction to entertain the motion from the order of the Appellate Term (see CPLR 5602 [a]).


text:
    [74 NE3d 301, 52 NYS3d 62]
    The People of the State of New York, Respondent, v Julio Peguero-Sanchez, Appellant.
    Decided March 23, 2017

      APPEARANCES OF COUNSEL

      Stephen N. Preziosi, New York City, for appellant.

      Thomas J. Spota, District Attorney, Riverhead (Lauren Tan of counsel), for respondent.
   OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. Defendant’s arguments concerning the People’s summation are unpreserved, and in any event, we reject defendant’s contention that the People improperly offered evidence and argument concerning an uncharged sale of narcotics in violation of defendant’s due process rights and the rule set forth in People v Molineux (168 NY 264 [1901]). Additionally, evidence of defendant’s text messages was properly admitted to rebut defendant’s version of the events surrounding his arrest, as the text messages were “relevant to the very issues that the jury” was required to decide (People v Knight, 80 NY2d 845, 847 [1992]; see People v Cade, 73 NY2d 904 [1989]; People v Harris, 57 NY2d 335, 345 [1982]). Finally, any error resulting from a detective’s testimony that defendant invoked his right to counsel was harmless, particularly in light of the trial court’s offer of a curative instruction.

Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein, Fahey, Garcia and Wilson concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.


text:
    In the Matter of Tony Avella et al., Respondents, v City of New York et al., Respondents, and Queens Development Group, LLC, et al., Appellants.
    Submitted February 27, 2017;
    decided March 23, 2017
   Motion by Natural Resources Defense Council et al. for leave to file a brief amici curiae on the appeal herein granted and the proposed brief is accepted as filed. Three copies of the brief must be served and an original and nine copies filed within seven days.


text:
    Beltway Capital, LLC, Respondent, v Virginia Gutierrez et al., Defendants, and James Bianco et al., Appellants.
    Submitted January 17, 2017;
    decided March 23, 2017
   Motion for reargument of motion for leave to appeal granted and, upon reargument, motion for leave to appeal denied [see 28 NY3d 1102 (2016)].


text:
    In the Matter of the Claim of Bin Yuan, Respondent. Legal Interpreting Services, Inc., Appellant; Commissioner of Labor, Respondent. In the Matter of the Claim of Yaqin Chou, Respondent. Legal Interpreting Services, Inc., Appellant; Commissioner of Labor, Respondent. In the Matter of the Claim of Suzanne Lynch, Respondent. Legal Interpreting Services, Inc., Appellant; Commissioner of Labor, Respondent. In the Matter of the Claim of Elizabeth Herrera, Respondent. Legal Interpreting Services, Inc., Appellant; Commissioner of Labor, Respondent.
    (Claim No. 1.)
    (Claim No. 2.)
    (Claim No. 3.)
    (Claim No. 4.)
    Submitted December 19, 2016;
    decided March 23, 2017
   Motion for leave to appeal dismissed upon the ground that the orders sought to be appealed from do not finally determine the proceedings within the meaning of the Constitution.


text:
    In the Matter of James R. Diegelman et al., Appellants, v City of Buffalo et al., Respondents.
    Submitted January 30, 2017;
    decided March 23, 2017
   Motion for reargument denied with $100 costs and necessary reproduction disbursements [see 28 NY3d 231 (2016)].


text:
    In the Matter of Ibrahim Donmez, Appellant, v New York City Department of Consumer Affairs et al., Respondents.
    Submitted January 9, 2017;
    decided March 23, 2017
   Motion, insofar as it seeks leave to appeal from the Appellate Division order resolving the motion to enlarge the record, dismissed upon the ground that such order does not finally determine the proceeding within the meaning of the Constitution; motion for leave to appeal otherwise denied. Motion for poor person relief dismissed as academic.


text:
    In the Matter of Lawrence Nkongho Etah, an Attorney, Appellant. Grievance Committee for the Tenth Judicial District, Respondent.
    Submitted March 13, 2017;
    decided March 23, 2017
   Motion for leave to appeal denied. Motion for a stay dismissed as academic.


text:
    In the Matter of Jesse Friedman, Appellant, v Kathleen M. Rice, as Nassau County District Attorney, Respondent.
    Submitted February 21, 2017;
    decided March 23, 2017
   Motion by District Attorneys Association of the State of New York for leave to appear amicus curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Three copies of the brief must be served and an original and nine copies filed within seven days.

Judge Wilson taking no part.


text:
    Amy Weissbrod Gurvey, Appellant, v State of New York et al., Respondents.
    Decided March 23, 2017
   Appeal transferred, without costs, by the Court of Appeals, sua sponte, to the Appellate Division, First Department, upon the ground that a direct appeal does not lie when questions other than the constitutional validity of a statutory provision are involved (see NY Const, art VI, §§ 3 [b] [2]; 5 [b]; CPLR 5601 [b] [2]).

Chief Judge DiFiore and Judge Abdus-Salaam taking no part.


text:
    Mark Warren Moody, Appellant, v New York State Board of Elections et al., Respondents.
    Decided March 23, 2017
   Appeal transferred, without costs, by the Court of Appeals, sua sponte, to the Appellate Division, First Department, upon the ground that the constitutional question presented on this direct appeal is not substantial (see Gerzof v Gulotta, 40 NY2d 825 [1976]).


text:
    Morgan Stanley Mortgage Loan Trust 2006-13ARX, by U.S. Bank National Association, as Trustee, Respondent, v Morgan Stanley Mortgage Capital Holdings LLC, as Successor in Interest to Morgan Stanley Mortgage Capital, Inc., Appellant.
    Submitted February 21, 2017;
    decided March 23, 2017
   Motion by James M. Peaslee for leave to file a letter brief amicus curiae on the appeal herein granted and the proposed letter brief is accepted as filed.

Chief Judge DiFiore and Judge Garcia taking no part.


text:
    Morgan Stanley Mortgage Loan Trust 2006-13ARX, by U.S. Bank National Association, as Trustee, Respondent, v Morgan Stanley Mortgage Capital Holdings LLC, as Successor in Interest to Morgan Stanley Mortgage Capital, Inc., Appellant.
    Submitted February 21, 2017;
    decided March 23, 2017
   Motion by Miriam A. Albert et al. for leave to file a letter brief amici curiae on the appeal herein granted and the proposed letter brief is accepted as filed. One copy of the letter brief must be served and an original and three copies filed within seven days.

Chief Judge DiFiore and Judge Garcia taking no part.


text:
    Morgan Stanley Mortgage Loan Trust 2006-13ARX, by U.S. Bank National Association, as Trustee, Respondent, v Morgan Stanley Mortgage Capital Holdings LLC, as Successor in Interest to Morgan Stanley Mortgage Capital, Inc., Appellant.
    Submitted February 21, 2017;
    decided March 23, 2017
   Motion by Securities Industry and Financial Markets Association for leave to file a letter brief amicus curiae on the appeal herein granted and the proposed letter brief is accepted as filed.

Chief Judge DiFiore and Judge Garcia taking no part.


text:
    Sara Myers et al., Plaintiffs, and Eric A. Seiff et al., Appellants, v Eric Schneiderman, in His Official Capacity as Attorney General of the State of New York, Respondent, et al., Defendants.
    Submitted February 21, 2017;
    decided March 23, 2017
   Motion by New York Civil Liberties Union for leave to appear amicus curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Two copies of the brief must be served and an original and nine copies filed within seven days.

Chief Judge DiFiore taking no part.


text:
    Sara Myers et al., Plaintiffs, and Eric A. Seiff et al., Appellants, v Eric Schneiderman, in His Official Capacity as Attorney General of the State of New York, Respondent, et al., Defendants.
    Submitted March 13, 2017;
    decided March 23, 2017
   Motion by Alan A. Pfeffer et al. for leave to appear amici curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed.

Chief Judge DiFiore taking no part.


text:
    The People of the State of New York, Respondent, v Kenyatta Garner, Appellant.
    Submitted March 20, 2017;
    decided March 23, 2017
   Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 460.20 granted and motion papers treated as a timely CPL 460.20 application.

Chief Judge DiFiore taking no part.


text:
    The People of the State of New York, Respondent, v Lanze R. Mason, Appellant.
    Submitted March 30, 2017;
    decided March 23, 2017
   On the Court’s own motion, appeal dismissed upon the ground that the criminal prosecution abated by reason of defendant’s death (see People v Ortiz, 77 NY2d 821 [1990]).


text:
    The People of the State of New York, Respondent, v Robert C. St. Ives, Appellant.
    Submitted February 27, 2017;
    decided March 23, 2017
   Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 460.20 granted and motion papers treated as a timely CPL 460.20 application.


text:
    The People of the State of New York, Respondent, v Rolando Santi, Appellant.
    Submitted March 13, 2017;
    decided March 23, 2017
   Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 460.20 granted and motion papers treated as a timely CPL 460.20 application.


text:
    In the Matter of Amy R. Weissbrod, Appellant, v Jorge Dopico, Esq., et al., Respondents.
    Decided March 23, 2017
   Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that it does not lie (see NY Const, art VI, § 3 [b]; CPLR 5601).

Chief Judge DiFiore and Judge Abdus-Salaam taking no part.


text:
    Eric White et al., Appellants, v Eric T. Schneiderman, New York State Attorney General, in His Official Capacity, et al., Respondents.
    Submitted February 27, 2017;
    decided March 23, 2017
   Motion by Seneca Nation of Indians for leave to appear ami-cus curiae on the motion for leave to appeal herein dismissed as untimely (see Rules of Ct of Appeals [22 NYCRR] § 500.23 [a] [3]).


text:
    Robert E. Wilson, III, Respondent, v Daniel Valente Dantas et al., Appellants, et al., Defendants.
    Submitted February 14, 2017;
    decided March 23, 2017
   Motion, insofar as it seeks leave to file the motion submissions under seal, granted; motion, insofar as it seeks leave to expand the record, denied.


text:
    In the Matter of Yasmine F., an Infant. Junior F., Appellant; Edwin Gould Services for Children, Respondent.
    Submitted January 9, 2017;
    decided March 23, 2017
   Motion for leave to appeal denied. Motion for poor person relief dismissed as academic. Motion for a stay dismissed as academic.


text:
    Gail A. Anderson, Now Known as Gail A. Halim, Also Known as Gail A. Decker, Appellant, v Joseph M. Anderson, Respondent.
    Submitted February 21, 2017;
    decided April 27, 2017
   Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.


text:
    In the Matter of Brookford, LLC, Appellant, v New York State Division of Housing and Community Renewal et al., Respondents.
    Submitted April 10, 2017;
    decided April 27, 2017
   Motion by Margaret Schuette Friedman to vacate this Court’s March 28, 2017 preclusion order granted.


text:
    Collateral Loanbrokers Association of New York, Inc., et al., Appellants, v City of New York et al., Respondents.
    Decided April 27, 2017
   Appeal dismissed without costs, by the Court of Appeals, sua sponte, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution.


text:
    Kelly Forman, Respondent, v Mark Henkin, Appellant.
    Submitted April 10, 2017;
    decided April 27, 2017
   Motion by Defense Association of New York, Inc. for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed.


text:
    In the Matter of Constantine Jackson, Appellant, v Anthony Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent.
    Submitted February 21, 2017;
    decided April 27, 2017
   Motion for reargument of motion for leave to appeal denied [see 28 NY3d 1103 (2016)].

Judge Fahey taking no part.


text:
    Alan L. Knapp et al., Appellants, v Annamae Knapp-Peck et al., Respondents.
    Decided April 27, 2017
   Appeal transferred without costs, by the Court of Appeals, sua sponte, to the Appellate Division, Third Department, upon the ground that a direct appeal does not lie when questions other than the constitutional validity of a statutory provision are involved (see NY Const, art VI, §§ 3 [b] [2]; 5 [b]; CPLR 5601 [b] [2]).


text:
    Nella Manko, Appellant, v Lenox Hill Hospital, Respondent.
    Decided April 27, 2017
   Appeal dismissed without costs, by the Court of Appeals, sua sponte, upon the ground that it does not lie (see NY Const, art VI, § 3 [b]; CPLR 5601).


text:
    Sara Myers et al., Plaintiffs, and Eric A. Seiff et al., Appellants, v Eric Schneiderman, in His Official Capacity as Attorney General of the State of New York, Respondent, et al., Defendants.
    Submitted April 3, 2017;
    decided April 27, 2017
   Motion by New York Chapter of National Academy of Elder Law Attorneys for leave to appear amicus curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed.

Chief Judge DiFiore taking no part.


text:
    The People of the State of New York, Respondent, v Jason Daniels, Appellant.
    Submitted April 17, 2017;
    decided April 27, 2017
   Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 460.20 granted and motion papers treated as a timely CPL 460.20 application.


text:
    The People of the State of New York, Appellant, v Matthew A. Davis, Respondent.
    Submitted April 10, 2017;
    decided April 27, 2017
   Motion for assignment of counsel granted and Patricia M. McGrath, Esq., 37 East Avenue, P.O. Box 293, Lockport, NY 14094 assigned as counsel to the respondent nunc pro tunc on the appeal herein.


text:
    The People of the State of New York, Respondent, v Richard A. Davis, Appellant.
    Submitted February 14, 2017;
    decided April 27, 2017
   Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution. Motion for poor person relief dismissed as academic.


text:
    The People of the State of New York, Respondent, v Mary Anne Grady Flores, Appellant.
    Submitted April 24, 2017;
    decided April 27, 2017
   Motion by Upstate Drone Action for leave to file a brief ami-cus curiae on the appeal herein granted and the proposed brief is accepted as filed. Three copies of the brief must be served and an original and nine copies filed within seven days.


text:
    The People of the State of New York, Respondent, v William Harris, Appellant.
    Submitted April 10, 2017;
    decided April 27, 2017
   Motion for assignment of counsel granted and Seymour W. James, Jr., Esq., The Legal Aid Society, 199 Water Street, New York, NY 10038 assigned as counsel to the appellant on the appeal herein.


text:
    The People of the State of New York, Appellant, v Matthew Kuzdzal, Respondent.
    Submitted April 10, 2017;
    decided April 27, 2017
   Motion for assignment of counsel granted and Lyle T. Hajdu, Esq., c/o Erickson Webb Scolton & Hajdu, 414 East Fairmount Avenue, P.O. Box 414, Lakewood, NY 14750 assigned as counsel to the respondent on the appeal herein.


text:
    The People of the State of New York, Respondent, v Spence Silburn, Appellant.
    Submitted April 17, 2017;
    decided April 27, 2017
   Motion for assignment of counsel granted and Lynn W.L. Fa-hey, Esq., Appellate Advocates, 111 John Street, 9th Floor, New York, NY 10038 assigned as counsel to the appellant on the appeal herein.


text:
    The People of the State of New York, Respondent, v Akeem Wallace, Appellant.
    Submitted April 24, 2017;
    decided April 27, 2017
   Motion for assignment of counsel granted and David C. Schopp, Esq., The Legal Aid Bureau of Buffalo, Inc., 290 Main Street, Suite 350, Buffalo, NY 14202 assigned as counsel to the appellant on the appeal herein.


text:
    [74 NE3d 671, 52 NYS3d 287]
    Susan M. Coffed, as Administrator of the Estate of James B. Coffed, Deceased, Appellant, v John N. McCarthy et al., Respondents.
    Argued March 23, 2017;
    decided May 2, 2017

      APPEARANCES OF COUNSEL

      Brown Chiari LLP, Buffalo (Angelo S. Gambino of counsel), for appellant.

      Adams, Hanson, Rego & Kaplan, Williamsville (.Nicole B. Palmerton of counsel), for respondents.
   OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and defendants’ motion for summary judgment denied. The record discloses triable issues of material fact that preclude summary judgment.

Chief Judge DiFiore and Judges Rivera, Stein, Garcia and Wilson concur; Judge Fahey taking no part.

Order reversed, with costs, and defendants’ motion for summary judgment denied, in a memorandum.


text:
    Susan Aranoff, Respondent, v Gerald Aranoff, Appellant.
    Submitted February 27, 2017;
    decided May 2, 2017
   Motion for reargument of motion for leave to appeal denied [see 28 NY3d 1153 (2017)].


text:
    Jason Bartis et al., on Behalf of Themselves and All Others Similarly Situated, Appellants, v Harbor Tech, LLC, Respondent.
    Submitted February 14, 2017;
    decided May 2, 2017
   Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.


text:
    Andrew Cleary, Appellant, et al., Plaintiff, v Automobile Insurance Company of Hartford, Connecticut, Respondent, et al., Defendant.
    Submitted February 21, 2017;
    decided May 2, 2017
   Motion for reargument of motion for leave to appeal dismissed as untimely (see Rules of Ct of Appeals [22 NYCRR] § 500.24 [b]) [see 28 NY3d 910 (2016)].


text:
    Candida Disla, Individually and as Administratrix of the Estate of Leonel Disla, Deceased, Appellant, v City of New York et al., Respondents, et al., Defendants.
    Submitted February 27, 2017;
    decided May 2, 2017
   Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.


text:
    David Eshaghian, Appellant, v Mahrokh Eshaghian et al., Respondents, et al., Nominal Defendant.
    Submitted February 27, 2017;
    decided May 2, 2017
   Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.


text:
    Keiko Herskovitz, Appellant, v Michael Herskovitz, Respondent.
    Submitted March 6, 2017;
    decided May 2, 2017
   Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.


text:
    Patricia Karen Killian, Appellant, v Captain Spicer’s Gallery, LLC, et al., Respondents.
    Submitted January 30, 2017;
    decided May 2, 2017
   Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.


text:
    The People of the State of New York, Respondent, v William Flanagan, Appellant.
    Submitted April 3, 2017;
    decided May 2, 2017
   Motion for reargument denied [see 28 NY3d 644 (2017)].


text:
    In the Matter of Carlton Walker, Appellant, v Jonathan Lippman, as Chief Judge of the New York Court of Appeals, et al., Respondents.
    Decided May 2, 2017
   Appeal dismissed without costs, by the Court of Appeals, sua sponte, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution.

Judge Rivera taking no part.


text:
    [75 NE3d 665, 53 NYS3d 248]
    The People of the State of New York, Respondent, v Omar A. Smalling, Appellant.
    Argued March 23, 2017;
    decided May 2, 2017

      APPEARANCES OF COUNSEL

      Lynn W.L. Fahey, Appellate Advocates, New York City GJenin Younes of counsel), for appellant.

      Richard A. Brown, District Attorney, Kew Gardens {Jill A. Gross-Marks, Robert J. Masters and John M. Castellano of counsel), for respondent.
   OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and a new trial ordered.

Although we reject defendant’s contention that the evidence presented at trial did not support a charge of constructive possession, we nevertheless conclude that defendant is entitled to a new trial. The trial court erred in that it agreed to the People’s request at the charge conference not to charge the jury on constructive possession, but then ultimately provided a constructive possession charge to the jury, resulting in prejudice to defendant (see CPL 300.10 [4]; People v Greene, 75 NY2d 875, 876-877 [1990]). Under the unique circumstances of this case, the error is not harmless (cf. People v Nevins, 16 AD3d 1046, 1047 [4th Dept 2005], lv denied 4 NY3d 889 [2005], cert denied 548 US 911 [2006]).

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Wilson concur.

Order reversed and a new trial ordered, in a memorandum.


text:
    [75 NE3d 666, 53 NYS3d 249]
    Carmen Pesante, Respondent, v Vertical Industrial Development Corp. et al., Appellants, et al., Defendant. (And a Third-Party Action.)
    Decided May 4, 2017
    APPEARANCES OF COUNSEL

      Chesney & Nicholas, LLP, Syosset (Joyce G. Bigelow of counsel), for appellants.

      Kenneth J. Ready & Associates, Mineóla (Parneet K. Chau-han of counsel), for respondent.
   OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

Defendants Vertical Industrial Development Corp. and Rentar Development Corp. owed plaintiff a nondelegable duty to keep the premises safe (see Rosenberg v Equitable Life As sur. Socy. of U.S., 79 NY2d 663, 668 [1992], rearg dismissed 82 NY2d 825 [1993]). Triable issues of fact exist regarding whether the security firm hired as an independent contractor by Vertical and Rentar was negligent in performing its duties and whether Vertical and Rentar could be held vicariously liable as a result. Accordingly, the Appellate Division properly denied the motion for summary judgment seeking dismissal of the complaint insofar as asserted against Vertical and Rentar.

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Wilson concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative, in a memorandum.


text:
    In the Matter of Talib W. Abdur-Rashid, Appellant, v New York City Police Department et al., Respondents. In the Matter of Samir Hashmi, Appellant, v New York City Police Department et al., Respondents.
    Submitted May 1, 2017;
    decided May 4, 2017
   Reported below, 140 AD3d 419.

Motion by Reporters Committee for Freedom of the Press et al. for leave to appear amici curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed.

Judge Wilson taking no part.


text:
    Blue Island Development, LLC, et al., Respondents, v Town of Hempstead et al., Appellants.
    Decided May 4, 2017
   Appeal dismissed without costs, by the Court of Appeals, sua sponte, upon the ground that no substantial constitutional question is directly involved.


text:
    Deutsche Bank National Trust Company, Solely in its Capacity as Trustee for the Harborview Mortgage Loan Trust Series 2007-7, Appellant, v Flagstar Capital Markets Corporation, Defendant, and Quicken Loans, Inc., Respondent.
    Submitted April 10, 2017;
    decided May 4, 2017
   Motion by GreenPoint Mortgage Funding, Inc. for leave to appear amicus curiae on the appeal herein denied.

Judge Garcia taking no part.


text:
    Deutsche Bank National Trust Company, Solely in its Capacity as Trustee for the Harborview Mortgage Loan Trust Series 2007-7, Appellant, v Flagstar Capital Markets Corporation, Defendant, and Quicken Loans, Inc., Respondent.
    Submitted April 10, 2017;
    decided May 4, 2017
   Motion by The Bank of New York Mellon, solely in its capacity as Securities Administrator for J.P. Morgan Mortgage Acquisition Trust, Series 2006-WMC2, for leave to file a letter brief amicus curiae on the appeal herein denied.

Judge Garcia taking no part.


text:
    Deutsche Bank National Trust Company, Solely in its Capacity as Trustee for the Harborview Mortgage Loan Trust Series 2007-7, Appellant, v Flagstar Capital Markets Corporation, Defendant, and Quicken Loans, Inc., Respondent.
    Submitted April 10, 2017;
    decided May 4, 2017
   Motion by WMC Mortgage, LLC for leave to file a letter brief amicus curiae on the appeal herein denied.

Judge Garcia taking no part.


text:
    Deutsche Bank National Trust Company, Solely in its Capacity as Trustee for the Harborview Mortgage Loan Trust Series 2007-7, Appellant, v Flagstar Capital Markets Corporation, Defendant, and Quicken Loans, Inc., Respondent.
    Submitted April 10, 2017;
    decided May 4, 2017
   Motion by LNR Partners, LLC, et al. for leave to appear amici curiae on the appeal herein granted only to the extent that the proposed letter brief is accepted as filed. Three copies of the letter brief must be served and an original and nine copies filed within seven days.

Judge Garcia taking no part.


text:
    In the Matter of Diane T., Appellant, v Shawn N. et al., Respondents.
    Submitted February 27, 2017;
    decided May 4, 2017
   Motion for leave to appeal denied. Motion for poor person relief dismissed as academic. Motion for a stay dismissed as academic.


text:
    Karine Gevorkyan et al., Appellants, v Ira Judelson, Respondent.
    Submitted May 1, 2017;
    decided May 4, 2017

      See 841 F3d 584.
   Motion by Brooklyn Defender Services, et al. for leave to file a brief amici curiae on consideration of the certified question herein granted and the proposed brief is accepted as filed. Three copies of the brief must be served and an original and nine copies filed within seven days.


text:
    The Heywood Condominium, by its Board of Managers, Respondent, v Steven Wozencraft, Appellant, and Wells Fargo Bank, N.A., et al., Defendants.
    Decided May 4, 2017
   Appeal dismissed without costs, by the Court of Appeals, sua sponte, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution.


text:
    Michele Moore-Haarr, Individually and Doing Business as Propel Technology, Appellant, v Z-Axis, Inc., Respondent, et al., Defendant.
    Submitted February 6, 2017;
    decided May 4, 2017
   Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.


text:
    Sara Myers et al., Plaintiffs, and Eric A. Seiff et al., Appellants, v Eric Schneiderman, in His Official Capacity as Attorney General of the State of New York, Respondent, et al., Defendants.
    Submitted May 1, 2017;
    decided May 4, 2017
   Motion by American Medical Student Association, et al. for leave to appear amici curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Three copies of the brief must be served and an original and nine copies filed within seven days.

Chief Judge DiFiore taking no part.


text:
    Sara Myers et al., Plaintiffs, and Eric A. Seiff et al., Appellants, v Eric Schneiderman, in His Official Capacity as Attorney General of the State of New York, Respondent, et al., Defendants.
    Submitted May 1, 2017;
    decided May 4, 2017
   Motion by Richard N. Gottfried, et al. for leave to file a brief amici curiae on the appeal herein granted and the proposed brief is accepted as filed.

Chief Judge DiFiore taking no part.


text:
    Sara Myers et al., Plaintiffs, and Eric A. Seiff et al., Appellants, v Eric Schneiderman, in His Official Capacity as Attorney General of the State of New York, Respondent, et al., Defendants.
    Submitted May 1, 2017;
    decided May 4, 2017
   Motion by Betty Rollin et al. for leave to appear amici curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Three copies of the brief must be served and an original and nine copies filed within seven days.

Chief Judge DiFiore taking no part.


text:
    Sara Myers et al., Plaintiffs, and Eric A. Seiff et al., Appellants, v Eric Schneiderman, in His Official Capacity as Attorney General of the State of New York, Respondent, et al., Defendants.
    Submitted May 1, 2017;
    decided May 4, 2017
   Motion by National Association of Criminal Defense Lawyers for leave to appear amicus curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Three copies of the brief must be served and an original and nine copies filed within seven days.

Chief Judge DiFiore taking no part.


text:
    Sara Myers et al., Plaintiffs, and Eric A. Seiff et al., Appellants, v Eric Schneiderman, in His Official Capacity as Attorney General of the State of New York, Respondent, et al., Defendants.
    Submitted May 1, 2017;
    decided May 4, 2017
   Motion by Vincent Bonventre et al. for leave to appear amici curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed.

Chief Judge DiFiore taking no part.


text:
    Sara Myers et al., Plaintiffs, and Eric A. Seiff et al., Appellants, v Eric Schneiderman, in His Official Capacity as Attorney General of the State of New York, Respondent, et al., Defendants.
    Submitted May 1, 2017;
    decided May 4, 2017
   Motion by Unitarian Universalist Association, et al. for leave to appear amici curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed.

Chief Judge DiFiore taking no part.


text:
    Sara Myers et al., Plaintiffs, and Eric A. Seiff et al., Appellants, v Eric Schneiderman, in His Official Capacity as Attorney General of the State of New York, Respondent, et al., Defendants.
    Submitted May 1, 2017;
    decided May 4, 2017
   Motion by Compassion & Choices for leave to appear amicus curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Three copies of the brief must be served and an original and nine copies filed within seven days.

Chief Judge DiFiore taking no part.


text:
    The People of the State of New York, Respondent, v Twanek Cummings, Appellant.
    Submitted May 1, 2017;
    decided May 4, 2017
   Motion for assignment of counsel granted and Robert S. Dean, Esq., Center for Appellate Litigation, 120 Wall Street, 28th Floor, New York, NY 10005 assigned as counsel to the appellant on the appeal herein.


text:
    The People of the State of New York ex rel. Titus McBride, Appellant, v Warden, Respondent.
    Submitted February 14, 2017;
    decided May 4, 2017
   Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution. Motion for poor person relief dismissed as academic.


text:
    Robert N. Taub, Appellant, v Columbia University in the City of New York et al., Respondents.
    Submitted April 17, 2017;
    decided May 4, 2017
   Motion for leave to appeal denied with $100 costs and necessary reproduction disbursements. Motion for a stay dismissed as academic.


text:
    Michael C. Weidner, Respondent, v Lisa Fix Weidner, Appellant.
    Submitted January 30, 2017;
    decided May 4, 2017
   Motion for reargument of motion for leave to appeal denied [see 28 NY3d 1101 (2016)]. Motion, insofar as it seeks leave to appeal from the February 2016 Appellate Division order, dismissed upon the ground that it does not lie, appellant having previously moved for leave to appeal to this Court (28 NY3d 1101 [2016]) from the same Appellate Division order from which leave to appeal is currently sought (see Selinger v Selinger, 90 NY2d 842 [1997]); motion, insofar as it seeks leave to appeal from the November 2016 Supreme Court order, dismissed for failure to demonstrate timeliness as required by Rules of the Court of Appeals (see 22 NYCRR 500.22 [b] [2]).


text:
    In the Matter of Foster Williams, Appellant, v Department of Corrections and Community Supervision, Respondent.
    Submitted March 20, 2017;
    decided May 4, 2017
   Motion by appellant to dismiss appeal etc. granted to the extent that the appeal is dismissed, without costs, upon the ground that the issues presented have become moot; motion otherwise denied.


text:
    Anne Bryant, Appellant, v Broadcast Music, Inc., Also Known as “BMI,” et al., Defendants, and Sunbow Productions, Inc., Respondent.
    Submitted March 13, 2017;
    decided May 9, 2017
   Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.


text:
    In the Matter of Clifford W.C., III, a Child Alleged to be Abandoned. Clifford C., Also Known as Clifford W.C., II, Appellant; Graham-Windham Services to Families and Children, Respondent.
    Submitted February 27, 2017;
    decided May 9, 2017
   Motion for leave to appeal denied. Motion for poor person relief dismissed as academic. Motion for a stay dismissed as academic.


text:
    In the Matter of Frank Garcia, Appellant, v Anthony Annucci, Acting Commissioner, New York State Department of Corrections and Community Suprevision, Respondent. In the Matter of Frank Garcia, Appellant, v Anthony Annucci, Acting Commissioner, New York State Department of Corrections and Community Suprevision, Respondent.
    Submitted February 21, 2017;
    decided May 9, 2017
   Reported below, 2016 NY Slip Op 85097(U).

Motion for reargument of motion for leave to appeal denied [see 28 NY3d 1102 (2016)].


text:
    In the Matter of Lillian SS. and Another, Children Alleged to be Neglected. Ulster County Department of Social Services, Respondent; Brian SS., Appellant. (Proceeding No. 1.) In the Matter of Lillian SS. and Another, Children Alleged to be Neglected. Ulster County Department of Social Services, Respondent; Keri SS., Appellant. (Proceeding No. 2.)
    Submitted February 27, 2017;
    decided May 9, 2017
   Motion for leave to appeal denied. Motion for poor person relief dismissed as academic. Motion for a stay dismissed as academic.

Judge Stein taking no part.


text:
    In the Matter of New York City Asbestos Litigation. Laraine Sweberg, Individually and as Executrix of Ivan Sweberg, Deceased, Respondent, v ABB, Inc., et al., Defendants, and Crane Co., Appellant.
    Submitted March 6, 2017;
    decided May 9, 2017
   Motion for reargument of motion for leave to appeal denied [see 28 NY3d 1165 (2017)].


text:
    Nomura Home Equity Loan, Inc., Series 2006-FM2, by HSBC Bank USA, National Association, Solely in its Capacity as Trustee, et al., Respondents, v Nomura Credit & Capital, Inc. Appellant. Nomura Home Equity Loan, Inc., Series 2007-3, by HSBC Bank USA, National Association, Solely in its Capacity as Trustee, Respondent, v Nomura Credit & Capital, Inc., Appellant. Nomura Asset Acceptance Corporation Mortgage Pass-Through Certificates, Series 2006-AF 2, by HSBC Bank USA, National Association, as Trustee, Respondent, v Nomura Credit & Capital, Inc., Appellant. Nomura Home Equity Loan, Inc., Home Equity Loan Trust, Series 2007-2 by HSBC Bank USA, National Association, as Trustee, Respondent, v Nomura Credit & Capital, Inc., Appellant.
    Decided May 9, 2017
   Reported below, 133 AD3d 96.

Reargument ordered for a future Court of Appeals session.


text:
    Michael Palmeri, Appellant, v Cindy Palmeri, Respondent.
    Submitted April 17, 2017;
    decided May 9, 2017
   Motion for leave to appeal denied. Motion for a stay dismissed as academic.


text:
    Vassilis Panagoulopoulos et al., Appellants, v Carlos Ortiz Jr. MD, P.C., et al., Respondents.
    Submitted March 27, 2017;
    decided May 9, 2017
   Motion, insofar as it seeks leave to appeal from the Appellate Division order denying reargument or leave to appeal to the Court of Appeals, dismissed upon the ground that such order does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied.


text:
    Vassilis Panagoulopoulos et al., Appellants, v Carlos Ortiz Jr. MD, P.C., et al., Respondents.
    Submitted April 10, 2017;
    decided May 9, 2017
   Motion for leave to appeal dismissed upon the ground that the orders sought to be appealed from do not finally determine the action within the meaning of the Constitution.


text:
    The People of the State of New York, Respondent, v Stanley Hardee, Appellant.
    Decided May 9, 2017
   Reargument ordered for a future Court of Appeals session.


text:
    Ivana Peraica, as Administratrix for the Estate of Ivo J. Peraica, Deceased, et al., Respondents, v A.O. Smith Water Products Co. et al., Defendants, and Crane Co., Appellant.
    Submitted March 6, 2017;
    decided May 9, 2017
   Motion for reargument of motion for leave to appeal denied [see 28 NY3d 1167 (2017)].


text:
    In the Matter of Donna Spencer, Respondent, v Denise Killoran, Appellant. (Proceeding No. 1.) In the Matter of Loretta Halstead, Respondent, v Denise Killoran, Appellant. (Proceeding No. 2.)
    Submitted March 20, 2017;
    decided May 9, 2017
   Reported below, 147 AD3d 862.

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceedings within the meaning of the Constitution.


text:
    In the Matter of Francisco Tirado, Appellant, v Anthony Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent.
    Submitted March 27, 2017;
    decided May 9, 2017
   Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from denying the motion to vacate the dismissal of the proceeding does not finally determine the proceeding within the meaning of the Constitution.


text:
    Twin City Fire Insurance Company et al., Appellants, v Arch Insurance Group, Inc., et al., Respondents.
    Submitted February 27, 2017;
    decided May 9, 2017
   Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.


text:
    (April 1, 2017 through
    April 30, 2017)
    People v Abbott
   4th Dept: 147 AD3d 1341 (Erie)

denied 4/20/17 (Garcia, J.)


text:
    People v Aleynikov
   1st Dept: 148 AD3d 77 (NY)

granted 4/20/17 (Fahey, J.)


text:
    People v Amelio
   App Term, 1st Dept: 54 Mise 3d 133(A) (NY)

denied 4/28/17 (Fahey, J.)


text:
    People v Anderson (Christopher)
   App Div, 3d Dept: 2017 NY Slip Op 63905(U) (Columbia)

dismissed 4/19/17 (DiFiore, Ch. J.)


text:
    People v Anderson (Demetries)
   1st Dept: 146 AD3d 475 (NY)

denied 4/25/17 (DiFiore, Ch. J.)


text:
    People v Arnold
   4th Dept: 147 AD3d 1327 (Monroe)

denied 4/28/17 (DiFiore, Ch. J.)


text:
    People v Bangoura
   App Term, 1st Dept: 54 Mise 3d 129(A) (NY)

denied 4/6/17 (Abdus-Salaam, J.)


text:
    People v Bethany
   4th Dept: 144 AD3d 1666 (Erie)

denied 4/28/17 (DiFiore, Ch. J.)


text:
    People v Blackwood
   1st Dept: 147 AD3d 462 (Bronx)

dismissed 4/20/17 (Fahey, J.)


text:
    People v Booker
   2d Dept: 147 AD3d 1077 (Suffolk)

denied 4/28/17 (DiFiore, Ch. J.)


text:
    People v Brice
   3d Dept: 146 AD3d 1152 (Albany)

denied 4/20/17 (Fahey, J.)


text:
    People v Brooks
   App Term, 2d Dept, 2d, 11th & 13th Jud Dists: 54 Mise 3d 137(A) (Kings)

denied 4/26/17 (DiFiore, Ch. J.)


text:
    People v Brown
   4th Dept: 144 AD3d 1616 (Monroe)

denied 4/27/17 (DiFiore, Ch. J.)


text:
    People v Bryant
   App Div, 3d Deptr 2017 NY Slip Op 66857(U) (Albany)

dismissed 4/11/17 (Rivera, J.)


text:
    People v Cargill
   App Div, 2d Dept: 2017 NY Slip Op 61378(U) (Kings)

dismissed 4/6/17 (Rivera, J.)


text:
    People v Carter
   4th Dept: 132 AD3d 1327 (Monroe)

denied 4/20/17 (DiFiore, Ch. J.)


text:
    People v Ceballos
   App Term, 1st Dept: 54 Misc 3d 130(A) (Bronx)

denied 4/3/17 (Stein, J.)


text:
    People v Collado
   1st Dept: 146 AD3d 708 (NY)

denied 4/27/17 (DiFiore, Ch. J.)


text:
    People v Colon
   App Term, 1st Dept: 54 Misc 3d 134(A) (NY)

denied 4/12/17 (Fahey, J.)


text:
    People v Cook
   4th Dept: 147 AD3d 1387 (Ontario)

denied 4/14/17 (DiFiore, Ch. J.)


text:
    People v Covington
   2d Dept: 144 AD3d 1169 (Queens)

denied 4/6/17 (Abdus-Salaam, J.)


text:
    People v Culp
   1st Dept: 147 AD3d 569 (NY)

denied 4/3/17 (Stein, J.)


text:
    People v Curry
   App Div, 1st Dept: 2017 NY Slip Op 62652(U) (NY)

denied 4/28/17 (DiFiore, Ch. J.)


text:
    People v D
   3d Dept: 146 AD3d 1152 (Albany)

denied 4/20/17 (Fahey, J.)


text:
    People v Davydov
   2d Dept: 144 AD3d 1170 (Queens)

denied 4/6/17 (Abdus-Salaam, J.)


text:
    People v Dean
   4th Dept: 145 AD3d 1633 (Livingston)

denied 4/27/17 (DiFiore, Ch. J.)


text:
    People v Delin
   1st Dept: 145 AD3d 566 (NY)

dismissed 4/5/17 (Fahey, J.)


text:
    People v De Lin Shao
   1st Dept: 145 AD3d 566 (NY)

dismissed 4/5/17 (Fahey, J.)


text:
    People v Doane
   3d Dept: 145 AD3d 1088 (Chemung)

denied 4/28/17 (Fahey, J.)


text:
    People v Dunster
   3d Dept: 146 AD3d 1029 (Madison)

denied 4/28/17 (DiFiore, Ch. J.)


text:
    People v Durham
   3d Dept: 146 AD3d 1070 (Rensselaer)

denied 4/4/17 (Fahey, J.)


text:
    People v Elshabazz
   4th Dept: 145 AD3d 1528 (Erie)

denied 4/3/17 (Stein, J.)


text:
    People v Empage
   App Term, 1st Dept: 54 Misc 3d 130(A) (NY)

denied 4/6/17 (Abdus-Salaam, J.)


text:
    People v Faeth
   App Div, 4th Dept, 9/6/16 (Wayne)

denied reconsideration 4/18/17 (Garcia, J.)


text:
    People v Farrara
   4th Dept: 145 AD3d 1527 (Erie)

denied 4/6/17 (Abdus-Salaam, J.)


text:
    People v Fisher
   App Div, 2d Dept: 2016 NY Slip Op 95315(U) (Suffolk)

dismissed 4/6/17 (Abdus-Salaam, J.)


text:
    People v Flores
   1st Dept: 145 AD3d 568 (NY)

dismissed 4/5/17 (Fahey, J.)


text:
    People v Fontaine
   4th Dept: 144 AD3d 1658 (Monroe)

denied 4/11/17 (Stein, J.)


text:
    People v Ford
   4th Dept: 145 AD3d 1454 (Onondaga)

denied 4/4/17 (Stein, J.)


text:
    People v Forte
   2d Dept: 147 AD3d 973 (Westchester)

denied 4/10/17 (Stein, J.)


text:
    People v Gang
   4th Dept: 145 AD3d 1566 (Orleans)

denied 4/20/17 (DiFiore, Ch. J.)


text:
    People v Garcia (Frank)
   4th Dept: 144 AD3d 1616 (Ontario)

denied 4/6/17 (Rivera, J.)


text:
    People v Garcia (Peter)
   App Div, 2d Dept: 2017 NY Slip Op 60688(U) (Queens)

dismissed 4/12/17 (Fahey, J.)


text:
    People v Goncalves
   1st Dept: 145 AD3d 575 (NY)

denied 4/6/17 (Abdus-Salaam, J.)


text:
    People v Greenridge
   2d Dept: 147 AD3d 974 (Kings)

denied 4/26/17 (DiFiore, Ch. J.)


text:
    People v Griffin
   App Div, 2d Dept: 2017 NY Slip Op 60689(U) (Orange)

dismissed 4/6/17 (Rivera, J.)


text:
    People v Guervil
   App Term, 2d Dept, 2d, 11th & 13th Jud Dists: 2016 NY Slip Op 95254(U) (Kings)

denied 4/21/17 (DiFiore, Ch. J.)


text:
    People v Gunn
   4th Dept: 147 AD3d 1449 (Onondaga)

denied 4/20/17 (DiFiore, Ch. J.)


text:
    People v Hakes
   3d Dept: 143 AD3d 1054 (Sullivan)

granted 4/21/17 (DiFiore, Ch. J.)


text:
    People v Hall
   4th Dept: 147 AD3d 1358 (Erie)

denied 4/26/17 (DiFiore, Ch. J.)


text:
    People v Hand
   4th Dept: 147 AD3d 1326 (Yates)

denied 4/28/17 (DiFiore, Ch. J.)


text:
    People v Hankerson
   3d Dept: 147 AD3d 1153 (Broome)

denied 4/12/17 (Fahey, J.)


text:
    People v Harley
   4th Dept: 147 AD3d 1360 (Onondaga)

denied 4/21/17 (DiFiore, Ch. J.)


text:
    People v Harris
   4th Dept: 147 AD3d 1375 (Erie)

denied 4/3/17 (Stein, J.) (Appeal No. 4)


text:
    People v Haywood
   1st Dept: 146 AD3d 700 (NY)

denied 4/4/17 (Fahey, J.)


text:
    People v Heath (James)
   App Div, 3d Dept, 6/6/14 (Tompkins)

denied reconsideration 4/6/17 (Abdus-Salaam, J.)


text:
    People v Heath (James)
   App Div, 3d Dept: 2016 NY Slip Op 75491(U) (Tompkins)

denied reconsideration 4/6/17 (Abdus-Salaam, J.)


text:
    People v Henley
   4th Dept: 145 AD3d 1578 (Erie)

denied 4/4/17 (Stein, J.)


text:
    People v Hennigan (David)
   4th Dept: 145 AD3d 1528 (Ontario)

denied 4/6/17 (Abdus-Salaam, J.) (Appeal No. 1)


text:
    People v Hennigan (David)
   4th Dept: 145 AD3d 1528 (Ontario)

denied 4/6/17 (Abdus-Salaam, J.) (Appeal No. 2)


text:
    People v Henry
   2d Dept: 144 AD3d 940 (Nassau)

granted 4/13/17 (Stein, J.)


text:
    People v Holmes
   4th Dept: 147 AD3d 1367 (Orleans)

denied 4/25/17 (DiFiore, Ch. J.)


text:
    People v Hoppe
   App Div, 3d Dept: 2016 NY Slip Op 87811(U) (Broome)

denied reconsideration 4/20/17 (Fahey, J.)


text:
    People v Hough
   1st Dept: 146 AD3d 701 (NY)

denied 4/4/17 (Fahey, J.)


text:
    People v Hunter
   4th Dept: 145 AD3d 1658 (Monroe)

denied 4/18/17 (DiFiore, Ch. J.)


text:
    People v Is
   3d Dept: 141 AD3d 1032 (Albany)

denied reconsideration 4/27/17 (DiFiore, Ch. J.)


text:
    People v Jackson
   App Div, 4th Dept, 2/15/17 (Onondaga)

dismissed 4/11/17 (Rivera, J.)


text:
    People v James
   App Term, 1st Dept: 54 Misc 3d 134(A) (Bronx)

denied 4/20/17 (Garcia, J.)


text:
    People v Jean
   2d Dept: 147 AD3d 978 (Nassau)

denied 4/20/17 (Garcia, J.)


text:
    People v Jones (Darryl)
   4th Dept: 147 AD3d 1551 (Erie)

denied 4/10/17 (Stein, J.)


text:
    People v Jones (Nasjuan)
   3d Dept: 146 AD3d 1078 (Schenectady)

denied 4/21/17 (DiFiore, Ch. J.)


text:
    People v Kellman
   App Term, 1st Dept: 53 Misc 3d 145(A) (NY)

denied 4/6/17 (Abdus-Salaam, J.)


text:
    People v Knight
   App Term, 1st Dept: 54 Misc 3d 144(A) (Bronx)

denied 4/20/17 (Fahey, J.)


text:
    People v Laboriel
   1st Dept: 146 AD3d 631 (NY)

denied 4/27/17 (DiFiore, Ch. J.)


text:
    People v Labriel
   1st Dept: 146 AD3d 631 (NY)

denied 4/27/17 (DiFiore, Ch. J.)


text:
    People v Lagarenne
   2d Dept: 148 AD3d 826 (Suffolk)

denied 4/28/17 (DiFiore, Ch. J.)


text:
    People v Lalonde
   App Div, 3d Dept: 2017 NY Slip Op 63617(U) (St. Lawrence)

dismissed 4/28/17 (Fahey, J.)


text:
    People v Lancaster
   3d Dept: 143 AD3d 1046 (Broome)

denied reconsideration 4/12/17 (Fahey, J.)


text:
    People v Lippe
   2d Dept: 145 AD3d 1035 (Westchester)

withdrawn 4/11/17 (Fahey, J.)


text:
    People v Lopez
   1st Dept: 147 AD3d 456 (NY)

denied 4/20/17 (Fahey, J.)


text:
    People v Lucifero
   2d Dept: 146 AD3d 811 (Nassau)

denied 4/10/17 (Fahey, J.)


text:
    People v Mascall
   1st Dept: 146 AD3d 689 (Bronx)

denied 4/10/17 (Fahey, J.)


text:
    People v McCommons
   3d Dept: 143 AD3d 1150 (Schenectady)

denied 4/27/17 (DiFiore, Ch. J.)


text:
    People v McCullough
   4th Dept: 144 AD3d 1526 (Monroe)

denied 4/26/17 (DiFiore, Ch. J.)


text:
    People v McGowan
   3d Dept: 149 AD3d 1161 (Albany)

denied 4/28/17 (Fahey, J.)


text:
    People v Medlin
   1st Dept: 144 AD3d 426 (Bronx)

denied 4/6/17 (Abdus-Salaam, J.)


text:
    People v Millard
   3d Dept: 147 AD3d 1155 (Broome)

denied 4/20/17 (DiFiore, Ch. J.)


text:
    People v Montford
   3d Dept: 145 AD3d 1344 (Schenectady)

denied 4/12/17 (Fahey, J.)


text:
    People v Morman (Jesse)
   4th Dept: 145 AD3d 1435 (Onondaga)

denied 4/27/17 (DiFiore, Ch. J.) (Appeal No. 1)


text:
    People v Morman (Jesse)
   4th Dept: 145 AD3d 1439 (Onondaga)

denied 4/27/17 (DiFiore, Ch. J.) (Appeal No. 2)


text:
    People v Murray
   App Div, 4th Dept: 2017 NY Slip Op 60831(U) (Onondaga)

dismissed 4/19/17 (DiFiore, Ch. J.)


text:
    People v Nahshal
   2d Dept: 146 AD3d 817 (Kings)

denied 4/10/17 (Fahey, J.)


text:
    People v Navarro
   1st Dept: 143 AD3d 522 (NY)

denied 4/10/17 (Rivera, J.)


text:
    People v Oldham
   2d Dept: 146 AD3d 985 (Suffolk)

denied 4/20/17 (Fahey, J.)


text:
    People v Ollman (Laigth)
   4th Dept: 147 AD3d 1452 (Steuben)

denied 4/20/17 (Garcia, J.) (Appeal No. 1)


text:
    People v Ollman (Laigth)
   4th Dept: 147 AD3d 1453 (Steuben)

denied 4/20/17 (Garcia, J.) (Appeal No. 2)


text:
    People v Ollman (Laigth)
   4th Dept: 147 AD3d 1454 (Steuben)

denied 4/20/17 (Garcia, J.) (Appeal No. 3)


text:
    People v Pagan
   1st Dept: 147 AD3d 498 (NY)

denied 4/11/17 (Rivera, J.)


text:
    People v Patterson (Amri)
   2d Dept: 147 AD3d 1084 (Kings)

denied 4/20/17 (Fahey, J.)


text:
    People v Patterson (Eric)
   1st Dept: 147 AD3d 551 (NY)

denied 4/20/17 (Garcia, J.)


text:
    People v Pierre-Pierre
   1st Dept: 147 AD3d 694 (NY)

denied 4/28/17 (DiFiore, Ch. J.)


text:
    People v Pinero
   1st Dept: 143 AD3d 428 (NY)

denied 4/20/17 (Garcia, J.)


text:
    People v Pinto
   App Div, 2d Dept: 2017 NY Slip Op 61508(U) (Westchester)

dismissed 4/20/17 (Fahey, J.)


text:
    People v Pleasant
   2d Dept: 146 AD3d 985 (Westchester)

denied 4/20/17 (Fahey, J.)


text:
    People v Polanco
   App Term, 1st Dept: 54 Misc 3d 141(A) (NY)

denied 4/10/17 (Stein, J.)


text:
    People v Pool
   4th Dept: 147 AD3d 1342 (Orleans)

denied 4/11/17 (Rivera, J.)


text:
    People v Porter
   App Div, 3d Dept: 2016 NY Slip Op 95670(U) (Tompkins)

denied 4/6/17 (Rivera, J.)


text:
    People v Prince
   App Term, 2d Dept, 2d, 11th & 13th Jud Dists: 54 Mise 3d 138(A) (Queens)

denied 4/20/17 (Fahey, J.)


text:
    People v Pruitt
   2d Dept: 145 AD3d 918 (Queens)

denied 4/4/17 (Fahey, J.)


text:
    People v Quattlebaum
   App Div, 2d Dept: 2017 NY Slip Op 61390(U) (Kings)

dismissed 4/27/17 (Stein, J.)


text:
    People v Quezada
   1st Dept: 146 AD3d 648 (NY)

denied 4/20/17 (Fahey, J.)


text:
    People v Resto
   4th Dept: 147 AD3d 1331 (Onondaga)

denied 4/28/17 (DiFiore, Ch. J.)


text:
    People v Reyes
   2d Dept: 144 AD3d 1178 (Kings)

denied 4/6/17 (Abdus-Salaam, J.)


text:
    People v Ricks
   4th Dept: 145 AD3d 1610 (Jefferson)

denied 4/24/17 (DiFiore, Ch. J.)


text:
    People v Rivera (Adam)
   1st Dept: 147 AD3d 563 (NY)

denied 4/28/17 (DiFiore, Ch. J.)


text:
    People v Rivera (Anthony)
   1st Dept: 146 AD3d 421 (NY)

denied 4/6/17 (Abdus-Salaam, J.)


text:
    People v Robles
   App Term, 1st Dept: 54 Misc 3d 134(A) (NY)

denied 4/3/17 (Stein, J.)


text:
    People v Rosario
   1st Dept: 147 AD3d 646 (NY)

denied 4/20/17 (DiFiore, Ch. J.)


text:
    People v Rudenko
   App Div, 2d Dept: 2017 NY Slip Op 60476(U) (Kings)

dismissed 4/6/17 (Abdus-Salaam, J.)


text:
    People v Salas
   4th Dept: 147 AD3d 1541 (Erie)

denied 4/28/17 (DiFiore, Ch. J.)


text:
    People v Sanchez
   App Div, 1st Dept: 2016 NY Slip Op 84825(U) (Bronx)

dismissed 4/20/17 (Garcia, J.)


text:
    People v Sebag
   1st Dept: 146 AD3d 430 (NY)

denied 4/4/17 (Fahey, J.)


text:
    People v Sims
   2d Dept: 146 AD3d 820 (Suffolk)

denied 4/20/17 (Garcia, J.)


text:
    People v Sin
   3d Dept: 143 AD3d 1150 (Schenectady)

denied 4/27/17 (DiFiore, Ch. J.)


text:
    People v Sincere
   3d Dept: 143 AD3d 1150 (Schenectady)

denied 4/27/17 (DiFiore, Ch. J.)


text:
    People v Slattery
   2d Dept: 147 AD3d 788 (Suffolk)

denied 4/20/17 (Fahey, J.)


text:
    People v Smith
   2d Dept: 147 AD3d 791 (Dutchess)

denied 4/24/17 (DiFiore, Ch. J.)


text:
    People v Spencer
   1st Dept: 146 AD3d 731 (NY)

denied 4/18/17 (DiFiore, Ch. J.)


text:
    People v Stahl
   3d Dept: 141 AD3d 962 (Essex)

denied reconsideration 4/13/17 (Fahey, J.)


text:
    People v Stokes
   3d Dept: 141 AD3d 1032 (Albany)

denied reconsideration 4/27/17 (DiFiore, Ch. J.)


text:
    People v Striplin
   App Div, 1st Dept: 2015 NY Slip Op 87200(U) (Bronx)

denied 4/20/17 (Garcia, J.)


text:
    People v Swick
   4th Dept: 147 AD3d 1346 (Livingston)

denied 4/28/17 (DiFiore, Ch. J.)


text:
    People v Thomas (Cynthia)
   2d Dept: 148 AD3d 734 (Suffolk)

denied 4/28/17 (DiFiore, Ch. J.)


text:
    People v Thomas (Shane)
   1st Dept: 147 AD3d 425 (Bronx)

denied 4/20/17 (Fahey, J.)


text:
    People v Thompson
   App Term, 2d Dept, 2d, 11th & 13th Jud Dists: 54 Mise 3d 137(A) (Richmond)

denied 4/28/17 (DiFiore, Ch. J.)


text:
    People v Toledo
   3d Dept: 144 AD3d 1332 (Montgomery)

denied 4/6/17 (Abdus-Salaam, J.)


text:
    People v Torres
   App Term, 2d Dept, 2d, 11th & 13th Jud Dists: 54 Misc 3d 139(A) (Queens)

denied 4/24/17 (DiFiore, Ch. J.)


text:
    People v Valenzuela
   1st Dept: 146 AD3d 675 (Bronx)

denied 4/4/17 (Fahey, J.)


text:
    People v Valle
   App Term, 2d Dept, 2d, 11th & 13th Jud Dists: 54 Misc 3d 137(A) (Richmond)

denied 4/20/17 (Fahey, J.)


text:
    People v Vargas
   App Term, 1st Dept: 54 Misc 3d 130(A) (NY)

denied 4/20/17 (Garcia, J.)


text:
    People v Wendel
   4th Dept: 145 AD3d 1473 (Erie)

denied 4/6/17 (Rivera, J.)


text:
    People v White
   1st Dept: 143 AD3d 548 (NY)

denied 4/6/17 (Rivera, J.)


text:
    People v Wiggins
   2d Dept: 146 AD3d 995 (Nassau)

denied 4/10/17 (Fahey, J.)


text:
    People v Williams (Albert)
   App Div, 1st Dept: 2014 NY Slip Op 79799(U) (NY)

denied reconsideration 4/6/17 (Rivera, J.)


text:
    People v Williams (Teiquawn)
   2d Dept: 146 AD3d 906 (Queens)

denied 4/4/17 (Stein, J.)


text:
    People v Williams (Victor)
   3d Dept: 145 AD3d 1188 (Albany)

denied 4/6/17 (Rivera, J.)


text:
    People v Williams (Willie)
   App Div, 2d Dept: 2016 NY Slip Op 95331(U) (Westchester)

dismissed 4/6/17 (Abdus-Salaam, J.)


text:
    People v Wilson
   1st Dept: 146 AD3d 631 (NY)

denied 4/27/17 (DiFiore, Ch. J.)


text:
    People v Wynter
   App Div, 2d Dept: 2017 NY Slip Op 60938(U) (Nassau)

dismissed 4/7/17 (DiFiore, Ch. J.)


text:
    People v Zagagoza
   App Term, 1st Dept: 54 Misc 3d 130(A) (NY)

denied 4/6/17 (Rivera, J.)


text:
    [76 NE3d 289, 53 NYS3d 878]
    In the Matter of J. Marshall Ayres.
    Decided June 1, 2017

      APPEARANCES OF COUNSEL

      J. Marshall Ayres, petitioner pro se.

      Robert H. Tembeckjian, New York City, for New York State Commission on Judicial Conduct.
   OPINION OF THE COURT

On the Court’s own motion, it is determined that the Honorable J. Marshall Ayres is suspended, with pay, effective immediately, from the office of Justice of Conklin Town Court, Broome County, pending disposition of his request for review of a determination by the State Commission on Judicial Conduct.

Concur: Chief Judge DiFiore and Judges Rivera, Stein, Fa-hey, Garcia and Wilson.


text:
    [76 NE3d 289, 53 NYS3d 878]
    Clarence Gaines, as Executor of Janie Gaines, Deceased, Respondent, v City of New York et al., Defendants. Department of Social Services of the City of New York, Claimant-Appellant.
    Decided June 1, 2017

      APPEARANCES OF COUNSEL

      Zachary W. Carter, Corporation Counsel, New York City {Eric Lee, Richard Bearing, Claude S. Platton and Michael J. Pastor of counsel), for appellant.

      Law Offices of Stack & Associates, PLLC, New York City {Tamara L. Stack of counsel), and Finkelstein & Partners, LLP, Newburgh {James W. Shuttleworth, III of counsel), for respondent.
   OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative. Under the circumstances of this case, a valid supplemental needs trust was never effected. Claimant did not argue before Supreme Court that the trust was not a lifetime trust governed by EPTL 7-1.17 and 7-1.18. That argument is, therefore, unpreserved for our review.

Concur: Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Wilson.


text:
    [77 NE3d 359, 54 NYS3d 641]
    In the Matter of Raymond Castro, Respondent, v Dora Schriro, Correction Commissioner of the New York City Department of Correction, et al., Appellants.
    Decided June 1, 2017

      APPEARANCES OF COUNSEL

      Zachary W. Carter, Corporation Counsel, New York City CIngrid, R. Gustafson, Richard Bearing and Claude S. Platton of counsel), for appellants.

      Koehler & Isaacs LLP, New York City (Liam L. Castro of counsel), for respondent.
   OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative. Under the circumstances presented, the Appellate Division correctly held that the petition stated a claim for improper termination.

Concur: Chief Judge DiFiore and Judges Rivera, Stein, Fa-hey, Garcia and Wilson.