text:
    [81 NE3d 379, 58 NYS3d 896]
    The People of the State of New York, Respondent, v Andrew Smart, Appellant.
    Decided June 29, 2017

      APPEARANCES OF COUNSEL

      Lynn W.L. Fahey, Appellate Advocates, New York City {David P. Greenberg of counsel), for appellant.

      Eric Gonzalez, Acting District Attorney, Brooklyn (Jill Oziem-blewski of counsel), for respondent.
   OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. The record supports the Appellate Division’s finding that the challenged lineup was not unduly suggestive. Accordingly, defendant’s claim is beyond our further review (People v McBride, 14 NY3d 440, 448 [2010] [citation omitted]).

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

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.


source: Caselaw Access Project

license: Public Domain

text:
    In the Matter of Arthur Lauder Jr. et al., Respondents, v Christine Pellegrino et al., Respondents, and Voice of Teachers for Education/Committee on Political Education of the New York State United Teachers et al., Appellants.
    Submitted August 30, 2017;
    decided August 30, 2017
   Motions 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 and is not a nonfinal order of the type within the meaning of CPLR 5602 (a) (2).


text:
    In the Matter of Jonathan A. LaVell, Appellant, et al., Petitioners, v Erin K. Baker et al., Respondents, and Ralph M. Mohr, Appellant.
    Submitted August 30, 2017;
    decided August 30, 2017
   Motion by Ralph M. Mohr for leave to appeal dismissed upon the ground that he is not a party aggrieved (see CPLR 5511). Motion by Jonathan A. LaVell for leave to appeal denied.


text:
    David Anderson, Respondent, v MSG Holdings, L.P., et al., Appellants.
    Submitted June 5, 2017;
    decided September 7, 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 Feinman taking no part.


text:
    Carmen Britt, Individually and as Executor of Lula Baity, Deceased, Appellant, v Buffalo Municipal Housing Authority et al., Defendants, and Grace Manor Health Care Facility, Inc., et al., Respondents.
    Submitted June 19, 2017;
    decided September 7, 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.

Judge Fahey taking no part.


text:
    In the Matter of Frank Garcia, Appellant, v Anthony Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent.
    Submitted June 26, 2017;
    decided September 7, 2017
   Motion for reargument of motion for leave to appeal denied [see 29 NY3d 907 (2017)].

Judge Feinman taking no part.


text:
    In the Matter of the Judicial Settlement of the Intermediate Account of HSBC Bank USA, N.A., as Trustee of the Trust under Agreement Dated January 21, 1957, Seymour H. Knox, Grantor, for the Benefit of the Issue of Seymour H. Knox, III, for the Period January 21, 1957 to November 3, 2005 and November 4, 2005 to June 25, 2012. HSBC Bank USA, N.A., Respondent, v Seymour H. Knox, IV, et al., Respondents, Aurora Knox, Appellant.
    Submitted June 19, 2017;
    decided September 7, 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.

Chief Judge DiFiore taking no part.


text:
    In the Matter of Steven Janakievski, Appellant. Commissioner of Labor, Respondent.
    Submitted June 19, 2017;
    decided September 7, 2017
   On the Court’s own motion, appeal dismissed, without costs, upon the ground that no substantial constitutional question is directly involved. Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.


text:
    In the Matter of Hisham Khaleel, Appellant, v Lidgette Vanreil et al., Respondents.
    Submitted June 5, 2017;
    decided September 7, 2017
   On the Court’s own motion, appeal dismissed, without costs, and motion for leave to appeal dismissed, without costs, each upon the ground that no appeal lies to this Court from the decision of the individual Justice of the Appellate Division. Motion for poor person relief dismissed as academic.


text:
    In the Matter of London Terrace Gardens L.P., Appellant, v New York State Division of Housing and Community Renewal et al., Respondents.
    Submitted June 5, 2017;
    decided September 7, 2017
   Motion for leave to appeal denied. Motion for a stay dismissed as academic.


text:
    MidFirst Bank, Respondent, v Joseph Ajala, Appellant, et al., Defendants.
    Submitted June 26, 2017;
    decided September 7, 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:
    Vassilis Panagoulopoulos et al., Appellants, v Carlos Ortiz Jr. MD, P.C., et al., Respondents.
    Submitted June 19, 2017;
    decided September 7, 2017
   Motion for reargument of motion for leave to appeal denied [see 29 NY3d 993 (2017)].

Judge Feinman taking no part.


text:
    Vassilis Panagoulopoulos et al., Appellants, v Carlos Ortiz Jr. MD, PC., et al., Respondents.
    Submitted June 19, 2017;
    decided September 7, 2017
   Motion for reargument of motion for leave to appeal denied [see 29 NY3d 993 (2017)].

Judge Feinman taking no part.


text:
    In the Matter of Carlton Walker, Appellant, v Jonathan Lippman, as Chief Judge of the New York Court of Appeals, et al., Respondents.
    Submitted June 12, 2017;
    decided September 7, 2017
   Motion for reconsideration of this Court’s May 2, 2017 dismissal order denied.

Judges Rivera and Feinman taking no part.


text:
    [83 NE3d 202, 61 NYS3d 194]
    The People of the State of New York, Respondent, v Douglas R. Every, Appellant.
    Decided September 5, 2017
    APPEARANCES OF COUNSEL

      Easton Thompson Kasperek Shiffrin LLP, Rochester (William T. Easton and Danielle C. Wild of counsel), for appellant.

      Kirk O. Martin, District Attorney, Owego, for respondent.
   OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. Defendant has failed to meet his burden of “demonstrat[ing] the absence of strategic or other legitimate explanations for counsel’s alleged failure[s]” (People v Wragg, 26 NY3d 403, 409 [2015]) and, thus, he cannot prevail on his ineffective assistance of counsel claim. His assertions that County Court erred in charging the jury and deprived him of his constitutional right to present a defense by excluding certain evidence are unpreserved (see People v Angelo, 88 NY2d 217, 222 [1996]; People v Autry, 75 NY2d 836, 839 [1990]). Defendant’s remaining arguments have been considered and found to be lacking in merit.

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman 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:
    [82 NE3d 448, 60 NYS3d 107]
    Frank Valente et al., Respondents, v Lend Lease (US) Construction LMB, Inc., et al., Appellants, et al., Defendants.
    Decided September 5, 2017

      APPEARANCES OF COUNSEL

      Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success (Christopher Simone of counsel), for appellants.

      Pollack, Pollack, Isaac & DeCicco, LLP, New York City (Brian J. Isaac of counsel), for respondents.
   OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and plaintiffs’ motion for partial summary judgment on liability pursuant to Labor Law § 240 (1) denied. The certified question should be answered in the negative.

We agree with the Appellate Division that the fall of Frank Valente (plaintiff) was the result of an elevation-related risk for which Labor Law § 240 (1) provides protection. We further conclude, however, that there is a triable issue of fact whether plaintiff’s “own conduct, rather than any violation of Labor Law § 240 (1), was the sole proximate cause of his accident” (Cahill v Triborough Bridge & Tunnel Auth., 4 NY3d 35, 40 [2004]). Viewing the facts in the light most favorable to defendants, as we must (see generally Vega v Restani Constr. Corp., 18 NY3d 499, 503 [2012]), we conclude that plaintiff’s foreman arguably provided conflicting accounts of whether plaintiff had “adequate safety devices available,” whether “he knew both that they were available and that he was expected to use them,” whether “he chose for no good reason not to do so,” and whether “had he not made that choice he would not have been injured” (Cahill, 4 NY3d at 40).

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

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, plaintiffs’ motion for partial summary judgment on liability pursuant to Labor Law § 240 (1) denied, and certified question answered in the negative, in a memorandum.


text:
    In the Matter of Jonas Aponte, Respondent, v Shola Olatoye et al., Appellants.
    Submitted August 21, 2017;
    decided September 5, 2017
   Motion by Letitia James, etc. 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.


text:
    In the Matter of Kyriaki Borekas, Appellant, v New York City Department of Housing Preservation and Development et al., Respondents.
    Submitted July 17, 2017;
    decided September 5, 2017
   Motion for leave to appeal denied. Motion for a stay dismissed as academic.


text:
    In the Matter of Cerenithy B. and Others, Infants. Ecksthine B. et al., Respondents; Christian B., Appellant.
    Submitted June 12, 2017;
    decided September 5, 2017
   Motion for leave to appeal denied. Motion for poor person relief dismissed as academic. Motion for a stay dismissed as academic.

Judge Feinman taking no part.


text:
    Robert J. Congel et al., as Members of the Executive Committee of, and on Behalf of, Poughkeepsie Galleria Company, Respondents, v Marc A. Malfitano, Appellant.
    Submitted July 17, 2017;
    decided September 5, 2017
   Motion by The Real Estate Roundtable 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:
    Directional Lending, LLC, Respondent, v Marie Guerrera, Now Known as Marie Tooker, Appellant, et al., Defendants.
    Decided September 5, 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:
    In the Matter of FMC Corporation, Respondent, v New York State Department of Environmental Conservation, Appellant.
    Submitted June 19, 2017;
    decided September 5, 2017
   Motion to strike portions of the record and appellant’s brief denied.


text:
    In the Matter of Miguel Gonzalez, Respondent-Appellant, v Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, Appellant-Respondent.
    Submitted August 7, 2017;
    decided September 5, 2017
   Motion for poor person relief granted.


text:
    In the Matter of Ryszard Grajko, Appellant, v City of New York et al., Respondents.
    Submitted August 14, 2017;
    decided September 5, 2017
   Motion by New York State Trial Lawyers Association for leave to file a submission amicus curiae on the appeal herein granted and the proposed submission is accepted as filed. One copy of the submission must be served and an original and two copies filed within seven days.


text:
    In the Matter of Kirchhoff-Consigli Construction Management, LLC, Respondent, v Mechtronics Corporation, Appellant.
    Submitted April 17, 2017;
    decided September 5, 2017
   Motion for leave to appeal denied with $100 costs and necessary reproduction disbursements. Motion for a stay dismissed as academic.


text:
    In the Matter of Dixie D. Lemmon et al., Respondents, v Seneca Meadows, Inc., et al., Appellants.
    Submitted May 22, 2017;
    decided September 5, 2017
   Motions 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:
    Joern Meissner, Appellant, v Tracy Yun et al., Respondents.
    Decided September 5, 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:
    In the Matter of Teddy Moore, Appellant, v State of New York Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, Respondent.
    Submitted June 26, 2017;
    decided September 5, 2017
   Motion for reargument of motion for leave to appeal denied [see 29 NY3d 910 (2017)].

Chief Judge DiFiore and Judge Feinman taking no part.


text:
    The People of the State of New York, Respondent, v Princesam Bailey, Appellant.
    Submitted August 7, 2017;
    decided September 5, 2017
   Motion for assignment of counsel granted and Christina A. Swarns, Esq., Office of the Appellate Defender, 11 Park Place, Suite 1601, New York, NY 10007 assigned as counsel to the appellant on the appeal herein.


text:
    The People of the State of New York, Respondent, v Quinn Britton, Appellant.
    Submitted August 21, 2017;
    decided September 5, 2017
   Motion for poor person relief granted.


text:
    The People of the State of New York, Respondent, v Preston S. Daigler, Appellant.
    Submitted June 26, 2017;
    decided September 5, 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 Emmanuel Diaz, Appellant.
    Submitted August 28, 2017;
    decided September 5, 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, Appellant, v Frederick Diaz, Respondent.
    Submitted August 7, 2017;
    decided September 5, 2017
   Motion for poor person relief granted.


text:
    The People of the State of New York, Respondent, v Mary Anne Grady Flores, Appellant.
    Submitted July 24, 2017;
    decided September 5, 2017
   Motion by Reporters Committee for Freedom of the Press 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:
    The People of the State of New York, Respondent, v Mary Anne Grady Flores, Appellant.
    Submitted August 28, 2017;
    decided September 5, 2017
   Motion by Daniel Finlay et al. for leave to file a brief amici curiae on the appeal herein granted and the proposed brief is accepted as filed. One copy of the brief must be served within seven days.


text:
    The People of the State of New York, Respondent, v Lawrence P. Frumusa, Also Known as John Doe, Appellant.
    Submitted July 24, 2017;
    decided September 5, 2017
   Motion for reargument denied [see 29 NY3d 364 (2017)]. Motion for other relief dismissed upon the ground that the Court of Appeals does not have jurisdiction to entertain it (see NY Const, art VI, § 3).

Judge Feinman taking no part.


text:
    The People of the State of New York, Respondent, v Sean Garvin, Also Known as Anthony Garvin, Appellant. The People of the State of New York, Respondent, v Phillip Wright, Appellant.
    Submitted August 7, 2017;
    decided September 5, 2017
   Reported below, People v Garvin, 130 AD3d 644.

Reported below, People v Wright, 134 AD3d 1059.

Motion by National Association of Criminal Defense Lawyers et al. for leave to appear amici curiae on the appeals 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.


text:
    The People of the State of New York, Respondent, v John R. Simmons, Appellant.
    Submitted June 26, 2017;
    decided September 5, 2017
   Motion for assignment of counsel granted and David C. Schopp, Esq., Legal Aid Bureau of Buffalo, Inc., 290 Main Street, Suite 350, Buffalo, NY 14204 assigned as counsel to the appellant on the appeal herein.


text:
    The People of the State of New York, Respondent, v Johnnie Simpson, Also Known as Gazoo, Appellant.
    Submitted August 14, 2017;
    decided September 5, 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 Saylor Suazo, Appellant.
    Submitted July 10, 2017;
    decided September 5, 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, Respondent, v Tyshell Williams, Appellant.
    Submitted August 7, 2017;
    decided September 5, 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 Theodore Wilson, Appellant.
    Submitted July 24, 2017;
    decided September 5, 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:
    In the Matter of Michael Pilarz, Appellant, v Kevin Helfer, Commissioner, Division of Parking Enforcement for City of Buffalo, Respondent.
    Decided September 5, 2017
   Appeal dismissed without costs, by the Court of Appeals, sua sponte, upon the ground that no substantial constitutional question is directly involved.


text:
    In the Matter of Ruth Joanna O.O., a Child Alleged to be Neglected. Melissa O., Appellant; Administration for Children’s Services, Respondent.
    Submitted August 21, 2017;
    decided September 5, 2017
   Motion by Brooklyn Law School Disability and Civil Rights Clinic 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 brief must be served and an original and two copies filed within seven days.


text:
    Gregory P. Scialdone, Appellant, v Stepping Stones Associates, L.P., et al., Respondents.
    Decided September 5, 2017
   Appeal dismissed without costs, by the Court of Appeals, sua sponte, upon the ground that the orders appealed from do not finally determine the action within the meaning of the Constitution.


text:
    Skanska USA Building Inc., Appellant, v Atlantic Yards B2 Owner, LLC, et al., Respondents, et al., Defendants.
    Submitted August 7, 2017;
    decided September 5, 2017
   Motion by Associated General Contractors of New York State, LLC for leave to file a brief amicus 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:
    In the Matter of Anthony Thompson, Appellant, v Cyrus R. Vance, Jr., et al., Respondents.
    Submitted August 7, 2017;
    decided September 5, 2017
   Motion for a stay dismissed as academic.


text:
    Tomhannock, LLC, Respondent, v Roustabout Resources, LLC, Appellant, et al., Defendants.
    Decided September 5, 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.

Judge Stein taking no part.


text:
    Tonyia B. Watson, Appellant, v State of New York, Respondent. (And Another Action.)
    Submitted June 5, 2017;
    decided September 5, 2017
   On the Court’s own motion, appeal dismissed, without costs, upon the ground that no appeal lies as of right from the unanimous order of the Appellate Division absent the direct involvement of a substantial constitutional question (see CPLR 5601). Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.

Judge Feinman taking no part.


text:
    Wells Fargo Bank, N.A., Respondent, v Marie-Ange Fleurant, Also Known as Marie Ange Fleurant, Appellant, et al., Defendants.
    Submitted July 24, 2017;
    decided September 5, 2017
   Motion for leave to appeal dismissed as untimely (see CPLR 5513 [b]).


text:
    Jonathan S. Aaron et al., Appellants, v Deloitte Tax LLP, Respondent.
    Submitted June 5, 2017;
    decided September 12, 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.

Judges Garcia and Wilson taking no part.


text:
    Sororazam Bethune, Appellant, v MTA/Long Island Bus et al., Respondents.
    Submitted June 26, 2017;
    decided September 12, 2017
   On the Court’s own motion, appeal dismissed, without costs, upon the ground that no substantial constitutional question is directly involved. Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.


text:
    Ed Ferris, Appellant, v Benton B. Kendig, III, and Another, as Executors of George Mercier, Deceased, et al., Respondents.
    Submitted May 30, 2017;
    decided September 12, 2017
   On the Court’s own motion, appeal dismissed, without costs, upon the ground that no substantial constitutional question is directly involved. Motion for leave to appeal denied.


text:
    For The People Theatres of N.Y., Inc., Doing Business as Fair Theatre, Plaintiff, and JGJ Merchandise Corp., Doing Business as Vishans Video, Also Known as Mixed Emotions, Respondent, v City of New York et al., Appellants. Ten’s Cabaret, Inc., Formerly Known as Stringfellow’s of New York, Ltd., et al., Respondents, v City of New York et al., Appellants.
    Submitted July 3, 2017;
    decided September 12, 2017
   Reported below, 131 AD3d 279.

Motion by respondent JGJ Merchandise Corp., etc. for re-argument denied [see 29 NY3d 340 (2017)].

Chief Judge DiFiore and Judge Feinman taking no part.


text:
    In the Matter of Mark S. Goldstein, Nonparty Appellant, v William D. Zabel, Nonparty Respondent.
    Submitted June 26, 2017;
    decided September 12, 2017
   Motion by New York State Trial Lawyers Association for leave to appear as amicus curiae on the motion for leave to appeal herein granted and the affirmation is accepted as filed.

Judge Feinman taking no part.


text:
    HSBC Bank USA, N.A., Respondent, v Christopher N. Crossland, Appellant, et al., Defendants.
    Submitted June 19, 2017;
    decided September 12, 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 poor person relief dismissed as academic. Motion for a stay dismissed as academic.


text:
    Ronald Jacobus, Appellant, v Battery Park Hotel Management, LLC, Respondent.
    Submitted July 24, 2017;
    decided September 12, 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 17 NY3d 704 (2011)].

Judge Feinman taking no part.


text:
    In the Matter of Victoria Knavel and Others, On Behalf of Themselves and Certain Other Retired Employees of West Seneca Central School District Formerly in CSEA Bargaining Unit, Respondents, v West Seneca Central School District et al., Appellants.
    Submitted June 12, 2017;
    decided September 12, 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 and is not an order of the type provided for in CPLR 5602 (a) (2).


text:
    Theresa Odejimi, Appellant, v Town of Windsor, Respondent.
    Submitted July 17, 2017;
    decided September 12, 2017
   Motion for reargument of motion for leave to appeal denied [see 29 NY3d 1074 (2017)]. Motion for poor person relief dismissed as academic.

Judge Feinman taking no part.


text:
    In the Matter of Enrique C. Parada, Deceased. Deborah A. Parada, Respondent; Erick P. Parada, Appellant.
    Submitted June 19, 2017;
    decided September 12, 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 People of the State of New York, Respondent, v PriceWaterhouseCoopers, LLP, Respondent, and Exxon Mobil Corporation, Appellant.
    Submitted August 21, 2017;
    decided September 12, 2017
   Motion for leave to appeal denied. Motion for a stay dismissed as academic.


text:
    The People of the State of New York ex rel. Haywood Hinton, Appellant, v Warden, Manhattan Detention Complex, Respondent.
    Submitted May 30, 2017;
    decided September 12, 2017
   Motion for leave to appeal dismissed as untimely (see CPLR 5513 [b]). Motion for poor person relief dismissed as academic.


text:
    R.F. Schiffmann Associates, Inc., et al., Appellants, v Baker & Daniels LLP, Respondent, and Weaver Popcorn Company, Inc., Defendant.
    Decided September 12, 2017
   Appeal dismissed without costs, by the Court of Appeals, sua sponte, upon the ground that no substantial constitutional question is directly involved.

Judge Feinman taking no part.


text:
    Debra Savvis, Appellant, v New York City Department of Education et al., Respondents.
    Submitted July 10, 2017;
    decided September 12/2017
   Motion for leave to appeal dismissed as untimely (see CPLR 5513 [b]).


text:
    Hector L. Serrano et al., Respondents, v Consolidated Edison Company of New York Inc., Appellant.
    Submitted May 30, 2017;
    decided September 12, 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 State of New York, Respondent, v William D., Appellant.
    Submitted July 10, 2017;
    decided September 12, 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:
    204 Columbia Heights, LLC, Respondent, v Anthony Manheim, Appellant.
    Submitted June 19, 2017;
    decided September 12, 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:
    [83 NE3d 852, 61 NYS3d 522]
    The People of the State of New York, Respondent, v Gregory Lee, Appellant.
    Decided September 12, 2017

      APPEARANCES OF COUNSEL

      Rosemary Herbert, Office of the Appellate Defender, New York City (Samuel J. Mendez and Thomas M. Nosewicz of counsel), for appellant.

      Cyrus R. Vance, Jr., District Attorney, New York City (Grace Vee and Susan Gliner of counsel), for respondent.
   OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

“[T]he People met their burden of establishing that the [inventory] search was in accordance with procedure and resulted in a meaningful inventory list” and that the primary objectives of the search were to preserve the property located inside the vehicle and to protect police from a claim of lost property (People v Padilla, 21 NY3d 268, 272-273 [2013], cert denied 571 US —, 134 S Ct 325 [2013]). The fact that the officers knew that contraband might be recovered does “not invalidate the entire search” (id. at 273). “The inventory here, while not a model, was sufficient to meet the constitutional minimum” (People v Walker, 20 NY3d 122, 127 [2012]).

The determinations of the lower courts regarding the credibility of the officers and whether the inventory search was a ruse to look for contraband present mixed questions of law and fact (see People v Valerio, 95 NY2d 924, 925 [2000], cert denied 532 US 981 [2001]). A mixed question is presented when “the facts are disputed, where credibility is at issue or where reasonable minds may differ as to the inference [s] to be drawn” (People v Harrison, 57 NY2d 470, 477 [1982] [internal quotation marks omitted]). Inasmuch as there is record support for the lower courts’ conclusion that the primary purpose of the search was to inventory the property located in the vehicle, that issue is beyond further review by this Court (see Valerio, 95 NY2d at 925).

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman 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:
    [83 NE3d 852, 61 NYS3d 523]
    In the Matter of Lurlyn A. Winchester, a Justice of the Monroe Town Court, Orange County.
    Decided September 14, 2017
    APPEARANCES OF COUNSEL

      Calhoun & Lawrence, LLP, White Plains (Clinton W. Calhoun, III of counsel), for Hon. Lurlyn A. Winchester.

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

On consideration of the continuation of this Court’s June 27, 2017 suspension of the Honorable Lurlyn A. Winchester from the office of Justice of Monroe Town Court, Orange County (see 29 NY3d 1044 [2017]), it is determined that the Honorable Lur-lyn A. Winchester is suspended, without pay, effective immediately, from the office of Justice of Monroe Town Court, Orange County, pursuant to New York Constitution, article VI, § 22 and Judiciary Law § 44.

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


text:
    (August 1, 2017 through
    August 31, 2017)
    People v Abraham
   2d Dept: 150 AD3d 1021 (Kings)

denied 8/16/17 (Rivera, J.)


text:
    People v Abreu
   App Term, 1st Dept: 55 Mise 3d 152(A) (NY)

denied 8/16/17 (Rivera, J.)


text:
    People v Abuziyad
   App Term, 2d Dept, 2d, 11th & 13th Jud Dists: 56 Mise 3d 33 (Kings)

denied 8/14/17 (DiFiore, Ch. J.)


text:
    People v Akenami
   2d Dept: 151 AD3d 732 (Kings)

denied 8/18/17 (Garcia, J.)


text:
    People v Alicea (Capo)
   4th Dept: 148 AD3d 1662 (Ontario)

denied 8/3/17 (DiFiore, Ch. J.) (Appeal No. 1)


text:
    People v Alicea (Capo)
   4th Dept: 148 AD3d 1663 (Ontario)

denied 8/4/17 (DiFiore, Ch. J.) (Appeal No. 2)


text:
    People v Alicea (Orlando)
   4th Dept: 148 AD3d 1662 (Ontario)

denied 8/3/17 (DiFiore, Ch. J.) (Appeal No. 1)


text:
    People v Alicea (Orlando)
   4th Dept: 148 AD3d 1663 (Ontario)

denied 8/4/17 (DiFiore, Ch. J.) (Appeal No. 2)


text:
    People v Allen
   4th Dept: 151 AD3d 1725 (Cayuga)

denied 8/16/17 (Stein, J.)


text:
    People v Allrich (Jocelyn)
   2d Dept: 151 AD3d 733 (Kings)

denied 8/15/17 (Garcia, J.)


text:
    People v Allrich (Jo-Jo)
   2d Dept: 151 AD3d 733 (Kings)

denied 8/15/17 (Garcia, J.)


text:
    People v Altam
   1st Dept: 151 AD3d 537 (NY)

denied 8/15/17 (Garcia, J.)


text:
    People v Anlyan
   2d Dept: 150 AD3d 869 (Nassau)

denied 8/23/17 (Fahey, J.)


text:
    People v Aquart
   2d Dept: 149 AD3d 768 (Westchester)

denied 8/16/17 (Rivera, J.)

       Denied, with leave to renew within 30 days after the Court of Appeals renders a decision in People v Myers (145 AD3d 1596 [4th Dept 20161, lv granted 29 NY3d 1093 [2017]).


text:
    People v Arpi
   2d Dept: 150 AD3d 1256 (Westchester)

denied 8/15/17 (Garcia, J.)


text:
    People v Atkins
   1st Dept: 150 AD3d 624 (NY)

denied 8/7/17 (Wilson, J.)


text:
    People v Auguste
   2d Dept: 151 AD3d 734 (Kings)

denied 8/15/17 (Garcia, J.)


text:
    People v Auslander
   1st Dept: 149 AD3d 640 (NY)

denied 8/4/17 (Wilson, J.)


text:
    People v Ayrhart
   4th Dept: 151 AD3d 1781 (Orleans)

denied 8/25/17 (Garcia, J.)


text:
    People v Azaz
   2d Dept: 147 AD3d 1076 (Kings)

denied 8/23/17 (Fahey, J.)


text:
    People v Baldwin
   4th Dept: 151 AD3d 1744 (Monroe)

denied 8/22/17 (Garcia, J.)


text:
    People v Barnette (Andrew)
   2d Dept: 150 AD3d 1134 (Kings)

denied 8/16/17 (Garcia, J.)


text:
    People v Barnette (Bertram)
   2d Dept: 150 AD3d 1136 (Kings)

denied 8/16/17 (Garcia, J.)


text:
    People v Barry
   1st Dept: 149 AD3d 494 (NY)

denied 8/14/17 (Garcia, J.)


text:
    People v Barton
   1st Dept: 150 AD3d 506 (NY)

denied 8/24/17 (Stein, J.)


text:
    People v Beloved
   3d Dept: 149 AD3d 1252 (Clinton)

denied 8/15/17 (Garcia, J.)


text:
    People v Blackwell
   4th Dept: 151 AD3d 1714 (Monroe)

denied 8/15/17 (DiFiore, Ch. J.)


text:
    People v Blanco
   App Term, 1st Dept: 56 Mise 3d 127(A) (Bronx)

denied 8/16/17 (Rivera, J.)


text:
    People v Blarr (Paul)
   4th Dept: 149 AD3d 1606 (Erie)

denied 8/16/17 (Rivera, J.) (Appeal No. 1)


text:
    People v Blarr (Paul)
   4th Dept: 149 AD3d 1606 (Erie)

denied 8/16/17 (Rivera, J.) (Appeal No. 2)


text:
    People v Blunt
   4th Dept: 149 AD3d 1573 (Wyoming)

denied 8/15/17 (Garcia, J.)


text:
    People v Bogar
   4th Dept: 149 AD3d 1625 (Niagara)

denied 8/16/17 (Stein, J.)


text:
    People v Bond (Richard)
   App Div, 2d Dept: 2017 NY Slip Op 74086(U) (Queens)

dismissed 8/11/17 (Wilson, J.)


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

denied 8/11/17 (Wilson, J.)


text:
    People v Bornschein (Gerald)
   County Ct, 4/10/17 (Ulster)

dismissed 8/9/17 (Stein, J.)


text:
    People v Bornschein (Gerald)
   County Ct, 11/29/16 (Ulster)

denied 8/9/17 (Stein, J.)


text:
    People v Boyd (Dominique)
   1st Dept: 151 AD3d 641 (NY)

denied 8/31/17 (Fahey, J.)


text:
    People v Boyer
   App Div, 3d Dept: 2017 NY Slip Op 75637(U) (Albany)

dismissed 8/25/17 (Wilson, J.)


text:
    People v Braswell
   1st Dept: 149 AD3d 580 (NY)

denied 8/15/17 (Garcia, J.)


text:
    People v Brewer
   App Term, 2d Dept, 2d, 11th & 13th Jud Dists: 55 Mise 3d 151(A) (Queens)

denied 8/31/17 (Fahey, J.)


text:
    People v Brinson
   4th Dept: 151 AD3d 1726 (Ontario)

denied 8/18/17 (Garcia, J.)


text:
    People v Brown (David)
   2d Dept: 150 AD3d 871 (Queens)

denied 8/16/17 (Rivera, J.)


text:
    People v Brown (Dennis)

       Omitted from July 2017 list.

   4th Dept: 148 AD3d 1562 (Onondaga)

denied 7/6/17 (Garcia, J.)


text:
    People v Brown (Erika)
   4th Dept: 151 AD3d 1951 (Erie)

denied 8/28/17 (Stein, J.)


text:
    People v Brown (Lamont)
   1st Dept: 149 AD3d 584 (NY)

denied 8/16/17 (Rivera, J.)


text:
    People v Brown (Rohan)
   App Div, 1st Dept: 2017 NY Slip Op 66400(U) (Bronx)

denied 8/15/17 (Garcia, J.)


text:
    People v Caggiano
   3d Dept: 150 AD3d 1335 (Ulster)

denied 8/16/17 (Rivera, J.)


text:
    People v Cain
   App Term, 2d Dept, 9th & 10th Jud Dists: 56 Mise 3d 129(A) (Orange)

denied 8/28/17 (Stein, J.)


text:
    People v Caldwell
   2d Dept: 150 AD3d 1021 (Suffolk)

denied 8/2/17 (Fahey, J.)


text:
    People v Capellan
   1st Dept: 151 AD3d 485 (NY)

denied 8/21/17 (Stein, J.)


text:
    People v Carey
   App Div, 4th Dept, 5/29/17 (Onondaga)

dismissed 8/4/17 (Wilson, J.)


text:
    People v Cartagena
   4th Dept: 149 AD3d 1518 (Erie)

denied 8/15/17 (Garcia, J.)


text:
    People v Chaires
   3d Dept: 150 AD3d 1326 (Madison)

denied 8/15/17 (Garcia, J.)


text:
    People v Chavis (Kristy)
   4th Dept: 151 AD3d 1757 (Cayuga)

denied 8/18/17 (Garcia, J.) (Appeal No. 1)


text:
    People v Chavis (Kristy)
   4th Dept: 151 AD3d 1758 (Cayuga)

denied 8/18/17 (Garcia, J.) (Appeal No. 2)


text:
    People v Cherry
   3d Dept: 149 AD3d 1346 (Chemung)

denied 8/16/17 (Rivera, J.)


text:
    People v Chin (Wayne)
   2d Dept: 148 AD3d 925 (Kings)

denied 8/1/17 (Fahey, J.)


text:
    People v Chin (Wayne)
   2d Dept: 148 AD3d 926 (Kings)

denied 8/1/17 (Fahey, J.)


text:
    People v Cisse
   1st Dept: 149 AD3d 435 (NY)

granted 8/23/17 (Fahey, J.)


text:
    People v CJ
   4th Dept: 151 AD3d 1725 (Cayuga)

denied 8/16/17 (Stein, J.)


text:
    People v Clark
   4th Dept: 151 AD3d 1746 (Onondaga)

denied 8/15/17 (DiFiore, Ch. J.)


text:
    People v Coffee
   4th Dept: 151 AD3d 1837 (Monroe)

denied 8/21/17 (Stein, J.)


text:
    People v Cole
   1st Dept: 151 AD3d 662 (NY)

denied 8/23/17 (Garcia, J.)


text:
    People v Coleman
   3d Dept: 151 AD3d 1385 (Schenectady)

denied 8/31/17 (Fahey, J.)


text:
    People v Collins
   App Div, 4th Dept, 5/24/17 (Oneida)

dismissed 8/21/17 (Stein, J.)


text:
    People v Conde

       Omitted from July 2017 list.

   1st Dept: 149 AD3d 673 (NY)

denied 7/6/17 (Garcia, J.)


text:
    People v Conley
   2d Dept: 150 AD3d 1023 (Putnam)

denied 8/16/17 (Stein, J.)


text:
    People v Cooper
   4th Dept: 151 AD3d 1831 (Monroe)

denied 8/28/17 (García, J.)


text:
    People v Crandall
   4th Dept: 151 AD3d 1948 (Cayuga)

denied 8/28/17 (Stein, J.)


text:
    People v Crimm
   4th Dept: 151 AD3d 1724 (Monroe)

denied 8/24/17 (Stein, J.)


text:
    People v Cruz
   2d Dept: 149 AD3d 774 (Queens)

denied 8/15/17 (DiFiore, Ch. J.)


text:
    People v D
   4th Dept: 151 AD3d 1727 (Erie)

denied 8/18/17 (DiFiore, Ch. J.)


text:
    People v Daggett
   4th Dept: 150 AD3d 1680 (Monroe)

denied 8/18/17 (Wilson, J.)


text:
    People v Darrell
   3d Dept: 145 AD3d 1316 (Clinton)

denied 8/23/17 (Fahey, J.)


text:
    People v Davis (Dustin)
   3d Dept: 149 AD3d 1246 (St. Lawrence)

denied 8/15/17 (Garcia, J.)


text:
    People v Davis (John)
   2d Dept: 151 AD3d 1075 (Kings)

denied 8/23/17 (Garcia, J.)


text:
    People v Dawson
   4th Dept: 149 AD3d 1569 (Erie)

denied 8/18/17 (DiFiore, Ch. J.)


text:
    People v Days
   4th Dept: 150 AD3d 1622 (Onondaga)

denied 8/17/17 (Stein, J.)


text:
    People v DeCapua
   4th Dept: 151 AD3d 1746 (Monroe)

denied 8/15/17 (Garcia, J.)


text:
    People v Deitz
   4th Dept: 148 AD3d 1653 (Onondaga)

denied 8/16/17 (Rivera, J.)


text:
    People v Dennis
   App Div, 2d Dept: 2017 NY Slip Op 72344(U) (Kings)

dismissed 8/2/17 (Fahey, J.)


text:
    People v DeSusa
   1st Dept: 151 AD3d 537 (Bronx)

denied 8/22/17 (DiFiore, Ch. J.)


text:
    People v Diaz (Gregory)
   1st Dept: 150 AD3d 423 (Bronx)

denied 8/9/17 (DiFiore, Ch. J.)


text:
    People v Diaz (Joseph)
   1st Dept: 151 AD3d 502 (Bronx)

denied 8/24/17 (Stein, J.)


text:
    People v DiPalma (Samuel)
   4th Dept: 145 AD3d 1647 (Erie)

denied reconsideration 8/15/17 (Garcia, J.) (Appeal No. 1)


text:
    People v DiPalma (Samuel)
   4th Dept: 145 AD3d 1647 (Erie)

denied reconsideration 8/15/17 (Garcia, J.) (Appeal No. 2)


text:
    People v Divine
   2d Dept: 147 AD3d 1082 (Nassau)

denied 8/3/17 (DiFiore, Ch. J.)


text:
    People v Dodson
   4th Dept: 147 AD3d 1343 (Monroe)

granted 8/7/17 (Wilson, J.)


text:
    People v Doll (Scott)
   App Div, 4th Dept, 2/22/17 (Genesee)

dismissed 8/18/17 (Wilson, J.)


text:
    People v Doll (Scott)
   App Div, 4th Dept, 5/15/17 (Genesee)

dismissed 8/18/17 (Wilson, J.)


text:
    People v Donerlson
   4th Dept: 149 AD3d 1605 (Monroe)

denied 8/15/17 (Garcia, J.)


text:
    People v Douglas
   2d Dept: 150 AD3d 1258 (Queens)

denied 8/28/17 (DiFiore, Ch. J.)


text:
    People v Doyle
   4th Dept: 151 AD3d 1774 (Monroe)

denied 8/15/17 (Garcia, J.)


text:
    People v Dushain
   1st Dept: 150 AD3d 489 (Bronx)

denied 8/16/17 (Rivera, J.)


text:
    People v Edwards
   4th Dept: 151 AD3d 1962 (Onondaga)

denied 8/24/17 (Rivera, J.)


text:
    People v Eickhoff
   3d Dept: 151 AD3d 1120 (Broome)

denied 8/23/17 (Fahey, J.)


text:
    People v Elioff
   4th Dept: 152 AD3d 1158 (Onondaga)

denied 8/25/17 (Stein, J.)


text:
    People v Ellis
   1st Dept: 151 AD3d 656 (NY)

denied 8/28/17 (DiFiore, Ch. J.)


text:
    People v Elting
   2d Dept: 151 AD3d 739 (Dutchess)

denied 8/2/17 (Fahey, J.)


text:
    People v Falcon
   2d Dept: 143 AD3d 838 (Dutchess)

denied 8/15/17 (Garcia, J.)


text:
    People v Farez
   1st Dept: 150 AD3d 528 (Bronx)

denied 8/17/17 (Stein, J.)


text:
    People v Fedrick
   4th Dept: 150 AD3d 1656 (Monroe)

denied 8/3/17 (DiFiore, Ch. J.)


text:
    People v Feliciano
   1st Dept: 150 AD3d 579 (NY)

denied 8/15/17 (Garcia, J.)


text:
    People v Figueroa
   App Term, 1st Dept: 55 Mise 3d 108 (Bronx)

denied 8/16/17 (Rivera, J.)


text:
    People v Flores (Regner)
   2d Dept: 151 AD3d 740 (Queens)

denied 8/31/17 (Fahey, J.)


text:
    People v Floyd
   1st Dept: 151 AD3d 479 (NY)

denied 8/16/17 (Stein, J.)


text:
    People v Fraisar
   4th Dept: 151 AD3d 1757 (Genesee)

denied 8/25/17 (Wilson, J.)


text:
    People v Frank L.
   1st Dept: 151 AD3d 426 (Bronx)

denied 8/9/17 (Stein, J.)


text:
    People v Frazier
   4th Dept: 151 AD3d 1727 (Cayuga)

denied 8/4/17 (Wilson, J.)


text:
    People v Gamble
   2d Dept: 150 AD3d 1147 (Nassau)

denied 8/4/17 (Wilson, J.)


text:
    People v Gaye
   App Term, 1st Dept: 55 Mise 3d 134(A) (NY)

denied 8/16/17 (Rivera, J.)


text:
    People v Genyard (Donnell)
   2d Dept: 150 AD3d 760 (Queens)

denied 8/24/17 (Stein, J.)


text:
    People v Genyard (Donnell)
   2d Dept: 150 AD3d 761 (Queens)

denied 8/24/17 (Stein, J.)


text:
    People v Gill
   4th Dept: 149 AD3d 1597 (Monroe)

denied 8/16/17 (Rivera, J.)


text:
    People v Gilliard
   2d Dept: 150 AD3d 1147 (Dutchess)

denied 8/2/17 (Fahey, J.)


text:
    People v Gobardhan
   2d Dept: 150 AD3d 882 (Queens)

denied 8/16/17 (Rivera, J.)


text:
    People v Golden
   2d Dept: 149 AD3d 777 (Queens)

denied 8/16/17 (Rivera, J.)


text:
    People v Golo
   2d Dept: 151 AD3d 741 (Queens)

denied 8/17/17 (Garcia, J.)


text:
    People v Gonzalez
   1st Dept: 151 AD3d 540 (NY)

denied 8/24/17 (Fahey, J.)


text:
    People v Goodwin
   2d Dept: 150 AD3d 1258 (Kings)

denied 8/23/17 (Fahey, J.)


text:
    People v Grant
   2d Dept: 151 AD3d 883 (Kings)

denied 8/16/17 (Stein, J.)


text:
    People v Grimes
   4th Dept: 148 AD3d 1724 (Onondaga)

granted 8/17/17 (Wilson, J.)


text:
    People v Guerrero
   2d Dept: 150 AD3d 883 (Kings)

denied 8/22/17 (DiFiore, Ch. J.)


text:
    People v Gustavo-Cano

       Omitted from July 2017 list.

   2d Dept: 149 AD3d 1100 (Rockland)

denied 7/6/17 (Garcia, J.)


text:
    People v Guzman
   App Term, 2d Dept, 2d, 11th & 13th Jud Dists: 55 Mise 3d 151(A) (Kings)

denied 8/2/17 (Fahey, J.)


text:
    People v Halimi
   App Term, 2d Dept, 9th & 10th Jud Dists: 55 Mise 3d 141(A) (Nassau)

denied 8/15/17 (Garcia, J.)


text:
    People v Hampton
   App Div, 4th Dept, 4/20/17 (Erie)

dismissed 8/16/17 (Garcia, J.)


text:
    People v Hartfield
   3d Dept: 151 AD3d 1116 (Columbia)

denied 8/4/17 (Wilson, J.)


text:
    People v Herman
   4th Dept: 151 AD3d 1866 (Monroe)

denied 8/21/17 (Stein, J.)


text:
    People v Herrera
   1st Dept: 150 AD3d 625 (Bronx)

denied 8/16/17 (DiFiore, Ch. J.)


text:
    People v Herring
   2d Dept: 150 AD3d 1148 (Queens)

denied 8/15/17 (Garcia, J.)


text:
    People v Higgins
   4th Dept: 151 AD3d 1765 (Niagara)

denied 8/21/17 (Stein, J.)


text:
    People v Hill (Anthony)
   App Div, 1st Dept: 2017 NY Slip Op 62653(U) (NY)

denied reconsideration 8/3/17 (DiFiore, Ch. J.)


text:
    People v Hill (Roger)
   1st Dept: 151 AD3d 535 (NY)

denied 8/2/17 (Fahey, J.)


text:
    People v Hill (Scott)
   App Term, 1st Dept: 56 Mise 3d 126(A) (NY)

denied 8/11/17 (Wilson, J.)


text:
    People v Hill (Sean)
   1st Dept: 151 AD3d 479 (NY)

denied 8/16/17 (Stein, J.)


text:
    People v Hines
   1st Dept: 151 AD3d 522 (NY)

denied 8/16/17 (Stein, J.)


text:
    People v Holmes
   3d Dept: 151 AD3d 1181 (Ulster)

denied 8/16/17 (Rivera, J.)


text:
    People v Howie
   4th Dept: 149 AD3d 1497 (Erie)

denied 8/16/17 (Stein, J.)


text:
    People v Jackson
   2d Dept: 151 AD3d 746 (Nassau)

denied 8/31/17 (Fahey, J.)


text:
    People v Jacobs

       Omitted from June 2017 list or July 2017 list, as indicated by decision date.

   App Div, 3d Dept, 4/13/17 (Ulster)

denied 7/6/17 (Garcia, J.)


text:
    People v James*
   3d Dept: 147 AD3d 1211 (Albany)

denied 6/29/17 (Garcia, J.)


text:
    People v Javier
   App Div, 1st Dept: 2017 NY Slip Op 74212(U) (NY)

denied 8/24/17 (Fahey, J.)


text:
    People v Jimenez (Geral)
   1st Dept: 144 AD3d 402 (NY)

denied 8/18/17 (Garcia, J.)


text:
    People v Jimenez (Jose)*
   2d Dept: 148 AD3d 1054 (Queens)

denied 6/29/17 (Garcia, J.)


text:
    People v Joaquin
   1st Dept: 150 AD3d 618 (Bronx)

denied 8/31/17 (Fahey, J.)


text:
    People v John
   2d Dept: 150 AD3d 889 (Queens)

denied 8/24/17 (Garcia, J.)


text:
    People v Johnson (Benzie)*
   2d Dept: 149 AD3d 780 (Kings)

denied 6/23/17 (Garcia, J.)


text:
    People v Johnson (Jermaine)
   3d Dept: 150 AD3d 1390 (Albany)

denied 8/11/17 (DiFiore, Ch. J.)


text:
    People v Johnson (Michelle)
   1st Dept: 151 AD3d 582 (NY)

denied 8/23/17 (Fahey, J.)


text:
    People v Johnson (Rohan)
   App Div, 1st Dept: 2017 NY Slip Op 66400(U) (Bronx)

denied 8/15/17 (Garcia, J.)


text:
    People v Jones (Anthony)
   App Div, 1st Dept: 2017 NY Slip Op 73911(U) (Bronx)

denied 8/16/17 (Garcia, J.)


text:
    People v Jones (Damian)
   1st Dept: 149 AD3d 407 (NY)

granted 8/14/17 (Garcia, J.)


text:
    People v Jones (Melchi)
   4th Dept: 149 AD3d 1576 (Monroe)

denied 8/24/17 (Stein, J.) (Appeal No. 1)


text:
    People v Jones (Melchi)
   4th Dept: 149 AD3d 1580 (Monroe)

denied 8/24/17 (Stein, J.) (Appeal No. 2)


text:
    People v Junious
   4th Dept: 145 AD3d 1606 (Monroe)

denied reconsideration 8/11/17 (Wilson, J.)


text:
    People v Kane
   2d Dept: 151 AD3d 751 (Suffolk)

denied 8/24/17 (Fahey, J.)


text:
    People v Kaye
   3d Dept: 149 AD3d 1252 (Clinton)

denied 8/15/17 (Garcia, J.)


text:
    People v Kennedy
   2d Dept: 151 AD3d 1079 (Kings)

denied 8/25/17 (Stein, J.)


text:
    People v King
   4th Dept: 151 AD3d 1714 (Onondaga)

denied 8/28/17 (DiFiore, Ch. J.)


text:
    People v Laboriel
   App Div, 1st Dept: 2017 NY Slip Op 64001(U) (NY)

dismissed 8/15/17 (Garcia, J.)


text:
    People v Labossiere
   2d Dept: 148 AD3d 1183 (Nassau)

denied 8/23/17 (Fahey, J.)


text:
    People v Lane
   4th Dept: 149 AD3d 1580 (Onondaga)

denied 8/16/17 (Rivera, J.)


text:
    People v Lasher
   4th Dept: 151 AD3d 1774 (Niagara)

denied 8/23/17 (Garcia, J.)


text:
    People v Latta
   1st Dept: 151 AD3d 421 (NY)

denied 8/11/17 (DiFiore, Ch. J.)


text:
    People v Lawson
   App Term, 2d Dept, 9th & 10th Jud Dists: 55 Mise 3d 147(A) (Suffolk)

denied 8/24/17 (Stein, J.)


text:
    People v Lewis
   4th Dept: 151 AD3d 1727 (Erie)

denied 8/18/17 (DiFiore, Ch. J.)


text:
    People v Lil Larry
   4th Dept: 151 AD3d 1957 (Ontario)

denied 8/25/17 (Garcia, J.)


text:
    People v Long (Vincent)
   4th Dept: 151 AD3d 1886 (Steuben)

denied 8/28/17 (DiFiore, Ch. J.) (Appeal No. 1)


text:
    People v Long (Vincent)
   4th Dept: 151 AD3d 1887 (Steuben)

denied 8/28/17 (DiFiore, Ch. J.) (Appeal No. 2)


text:
    People v Long (Vincent)
   4th Dept: 151 AD3d 1887 (Steuben)

denied 8/28/17 (DiFiore, Ch. J.) (Appeal No. 3)


text:
    People v Lopez
   4th Dept: 151 AD3d 1649 (Onondaga)

denied 8/16/17 (Rivera, J.)


text:
    People v Luellen
   County Ct, 4/10/17 (Livingston)

denied 8/15/17 (Garcia, J.)


text:
    People v Madison

       Omitted from June 2017 list or July 2017 list, as indicated by decision date.

   3d Dept: 148 AD3d 1289 (Fulton)

denied 6/23/17 (Garcia, J.)


text:
    People v Madore
   1st Dept: 150 AD3d 588 (NY)

denied 8/2/17 (Fahey, J.)


text:
    People v Maldonado
   App Term, 2d Dept, 2d, 11th & 13th Jud Dists: 55 Mise 3d 137(A) (Kings)

dismissed 8/30/17 (DiFiore, Ch. J.)


text:
    People v Mallard
   4th Dept: 151 AD3d 1957 (Ontario)

denied 8/25/17 (Garcia, J.)


text:
    People v Malloy
   App Div, 3d Dept: 2017 NY Slip Op 72810(U) (Albany)

dismissed 8/15/17 (Garcia, J.)


text:
    People v Manigault
   3d Dept: 150 AD3d 1331 (Albany)

denied 8/15/17 (Garcia, J.)


text:
    People v Manragh
   2d Dept: 150 AD3d 762 (Suffolk)

granted 8/23/17 (Fahey, J.)


text:
    People v Martinez
   1st Dept: 148 AD3d 422 (NY)

denied 8/18/17 (Wilson, J.)


text:
    People v Mascall
   1st Dept: 149 AD3d 525 (NY)

denied 8/15/17 (Garcia, J.)


text:
    People v Mata
   2d Dept: 150 AD3d 1149 (Queens)

denied 8/23/17 (Fahey, J.)


text:
    People v Mateo
   2d Dept: 148 AD3d 727 (Queens)

denied 8/7/17 (Rivera, J.)


text:
    People v McCarthy
   2d Dept: 146 AD3d 983 (Queens)

denied reconsideration 8/23/17 (Fahey, J.)


text:
    People v McCullough
   App Div, 4th Dept, 4/26/17 (Monroe)

dismissed 8/7/17 (Stein, J.)


text:
    People v McMahon
   2d Dept: 149 AD3d 1102 (Suffolk)

denied 8/14/17 (Garcia, J.)


text:
    People v McMorris
   4th Dept: 151 AD3d 1779 (Orleans)

denied 8/28/17 (Garcia, J.)


text:
    People v McQueen*
   2d Dept: 142 AD3d 628 (Westchester)

denied 7/21/17 (Garcia, J.)


text:
    People v Meade
   2d Dept: 150 AD3d 764 (Kings)

denied 8/18/17 (Wilson, J.)


text:
    People v Mears (Steven)
   App Div, 1st Dept: 2017 NY Slip Op 72642(U) (NY)

dismissed 8/15/17 (Garcia, J.)


text:
    People v Mears (Steven)
   App Div, 1st Dept: 2017 NY Slip Op 72643(U) (NY)

dismissed 8/15/17 (Garcia, J.)


text:
    People v Mears (Steven)
   App Div, 1st Dept: 2016 NY Slip Op 78918(U) (NY)

denied reconsideration 8/18/17 (Garcia, J.)


text:
    People v Mears (Steven)
   App Div, 1st Dept: 2014 NY Slip Op 86355(U) (NY)

denied reconsideration 8/18/17 (Garcia, J.)


text:
    People v Mesko
   3d Dept: 150 AD3d 1412 (Tompkins)

denied 8/18/17 (Garcia, J.)


text:
    People v Middleton
   1st Dept: 151 AD3d 491 (NY)

denied 8/25/17 (Garcia, J.)


text:
    People v Miller
   App Div, 2d Dept: 2017 NY Slip Op 68569(U) (Queens)

dismissed 8/18/17 (Wilson, J.)


text:
    People v Mills
   4th Dept: 151 AD3d 1744 (Niagara)

denied 8/22/17 (DiFiore, Ch. J.)


text:
    People v Mitchell
   1st Dept: 149 AD3d 653 (NY)

denied 8/15/17 (DiFiore, Ch. J.)


text:
    People v Molly
   4th Dept: 151 AD3d 1725 (Cayuga)

denied 8/16/17 (Rivera, J.)


text:
    People v Mone
   4th Dept: 151 AD3d 1727 (Erie)

denied 8/18/17 (DiFiore, Ch. J.)


text:
    People v Monet
   App Term, 1st Dept: 55 Mise 3d 145(A) (NY)

denied 8/15/17 (Garcia, J.)


text:
    People v Monroe
   App Term, 1st Dept: 56 Mise 3d 127(A) (NY)

denied 8/16/17 (Rivera, J.)


text:
    People v Moore
   3d Dept: 149 AD3d 1349 (Albany)

denied 8/16/17 (Rivera, J.)


text:
    People v Mullings
   App Div, 3d Dept: 2017 NY Slip Op 65166(U) (Albany)

denied reconsideration 8/23/17 (Fahey, J.)


text:
    People v Nadal
   App Div, 2d Dept: 2017 NY Slip Op 76181(U) (Westchester)

dismissed 8/22/17 (Stein, J.)


text:
    People v Newton

       Omitted from July 2017 list.

   2d Dept: 149 AD3d 874 (Queens)

denied 7/6/17 (Garcia, J.)


text:
    People v Niccloy
   4th Dept: 151 AD3d 1740 (Genesee)

denied 8/22/17 (DiFiore, Ch. J.)


text:
    People v Nwajei
   4th Dept: 151 AD3d 1963 (Cayuga)

denied 8/21/17 (Stein, J.)


text:
    People v Oddy
   3d Dept: 144 AD3d 1322 (Saratoga)

denied 8/24/17 (Fahey, J.)


text:
    People v Oden
   2d Dept: 150 AD3d 1269 (Nassau)

denied 8/18/17 (Garcia, J.)


text:
    People v Ortiz
   2d Dept: 151 AD3d 754 (Nassau)

denied 8/15/17 (Garcia, J.)


text:
    People v Ostoloza
   1st Dept: 150 AD3d 475 (NY)

denied 8/28/17 (DiFiore, Ch. J.)


text:
    People v Oswold
   4th Dept: 151 AD3d 1756 (Ontario)

denied 8/18/17 (Wilson, J.)


text:
    People v Owens
   1st Dept: 151 AD3d 520 (NY)

denied 8/28/17 (Stein, J.)


text:
    People v Pacheco
   4th Dept: 151 AD3d 1779 (Monroe)

denied 8/17/17 (Garcia, J.)


text:
    People v Palmer
   App Div, 2d Dept: 2017 NY Slip Op 64667(U) (Richmond)

dismissed 8/17/17 (DiFiore, Ch. J.)


text:
    People v Parkison
   4th Dept: 151 AD3d 1647 (Wayne)

denied 8/21/17 (DiFiore, Ch. J.)


text:
    People v Parsley
   2d Dept: 150 AD3d 894 (Westchester)

denied 8/16/17 (Stein, J.)


text:
    People v Pastore
   1st Dept: 151 AD3d 425 (Bronx)

denied 8/16/17 (Rivera, J.)


text:
    People v Pendergraph
   4th Dept: 150 AD3d 1703 (Onondaga)

denied 8/16/17 (Stein, J.)


text:
    People v Perez (Jonathan)
   App Term, 1st Dept: 56 Mise 3d 126(A) (Bronx)

denied 8/16/17 (Stein, J.)


text:
    People v Perez (Joseph)
   2d Dept: 150 AD3d 1150 (Suffolk)

denied 8/16/17 (Stein, J.)


text:
    People v Perrin (Christopher)
   4th Dept: 151 AD3d 1618 (Wayne)

denied 8/16/17 (Rivera, J.) (Appeal No. 1)


text:
    People v Perrin (Christopher)
   4th Dept: 151 AD3d 1619 (Wayne)

denied 8/16/17 (Rivera, J.) (Appeal No. 2)


text:
    People v Perrin (Christopher)
   4th Dept: 151 AD3d 1619 (Wayne)

denied 8/16/17 (Rivera, J.) (Appeal No. 3)


text:
    People v Philbert
   App Term, 1st Dept: 55 Mise 3d 152(A) (NY)

denied 8/3/17 (DiFiore, Ch. J.)


text:
    People v Pig
   4th Dept: 145 AD3d 1606 (Monroe)

denied reconsideration 8/11/17 (Wilson, J.)


text:
    People v Pimentel
   1st Dept: 149 AD3d 505 (NY)

denied 8/16/17 (Rivera, J.)


text:
    People v Pinto
   App Term, 2d Dept, 2d, 11th & 13th Jud Dists: 55 Mise 3d 151(A) (Queens)

denied 8/31/17 (Fahey, J.)


text:
    People v Pizarro
   4th Dept: 151 AD3d 1678 (Onondaga)

denied 8/22/17 (Garcia, J.)


text:
    People v Plowden
   2d Dept: 150 AD3d 896 (Nassau)

denied 8/4/17 (Wilson, J.)


text:
    People v Pompeo
   4th Dept: 151 AD3d 1949 (Ontario)

denied 8/21/17 (Stein, J.)


text:
    People v Price
   3d Dept: 150 AD3d 1485 (Ulster)

denied 8/24/17 (Fahey, J.)


text:
    People v Pringle
   2d Dept: 149 AD3d 782 (Queens)

denied 8/2/17 (Fahey, J.)


text:
    People v Propst
   4th Dept: 150 AD3d 1697 (Genesee)

denied 8/16/17 (Garcia, J.)


text:
    People v Quell
   4th Dept: 149 AD3d 1497 (Erie)

denied 8/16/17 (Stein, J.)


text:
    People v Randall
   4th Dept: 151 AD3d 1867 (Monroe)

denied 8/16/17 (Rivera, J.)


text:
    People v Reed
   4th Dept: 150 AD3d 1655 (Monroe)

denied 8/18/17 (Garcia, J.)


text:
    People v Richards
   1st Dept: 151 AD3d 583 (NY)

denied 8/18/17 (Garcia, J.)


text:
    People v Riley
   1st Dept: 150 AD3d 519 (NY)

denied 8/15/17 (Garcia, J.)


text:
    People v Rios
   1st Dept: 151 AD3d 501 (NY)

denied 8/2/17 (Fahey, J.)


text:
    People v Rivera
   2d Dept: 150 AD3d 1154 (Queens)

denied 8/18/17 (Garcia, J.)


text:
    People v Robinson (Garry)
   4th Dept: 151 AD3d 1851 (Monroe)

denied 8/15/17 (DiFiore, Ch. J.)


text:
    People v Robinson (Jennifer)
   4th Dept: 151 AD3d 1701 (Monroe)

denied 8/16/17 (Stein, J.)


text:
    People v Rodriguez (Aneudy)
   1st Dept: 151 AD3d 580 (Bronx)

denied 8/24/17 (Fahey, J.)


text:
    People v Rodriguez (Julio)
   2d Dept: 151 AD3d 984 (Queens)

denied 8/22/17 (Stein, J.)


text:
    People v Rosekrans
   4th Dept: 149 AD3d 1563 (Ontario)

denied 8/21/17 (DiFiore, Ch. J.)


text:
    People v Rush
   4th Dept: 148 AD3d 1601 (Monroe)

granted 8/7/17 (Stein, J.)


text:
    People v Salas
   1st Dept: 149 AD3d 632 (Bronx)

denied 8/15/17 (Garcia, J.)


text:
    People v Sampson (Robert)
   4th Dept: 149 AD3d 1486 (Jefferson)

denied 8/16/17 (Rivera, J.) (Appeal No. 1)


text:
    People v Sampson (Robert)
   4th Dept: 149 AD3d 1488 (Jefferson)

denied 8/16/17 (Rivera, J.) (Appeal No. 2)


text:
    People v Sanchez
   2d Dept: 149 AD3d 1107 (Kings)

denied 8/15/17 (Garcia, J.)


text:
    People v Sanford

       Omitted from June 2017 list.

   4th Dept: 148 AD3d 1580 (Onondaga)

denied 6/23/17 (Garcia, J.)


text:
    People v Santos (Efrain)
   4th Dept: 151 AD3d 1620 (Onondaga)

denied 8/11/17 (DiFiore, Ch. J.)


text:
    People v Santos (Robisson)
   App Div, 1st Dept: 2016 NY Slip Op 96018(U) (Bronx)

denied 8/31/17 (Fahey, J.)


text:
    People v Scott (Kenneth)
   4th Dept: 151 AD3d 1726 (Niagara)

denied 8/22/17 (Stein, J.)


text:
    People v Scott (Richard)
   4th Dept: 151 AD3d 1702 (Cayuga)

denied 8/8/17 (DiFiore, Ch. J.)


text:
    People v Sheppard
   4th Dept: 149 AD3d 1569 (Livingston)

denied 8/16/17 (Garcia, J.)


text:
    People v Shooter Steve
   4th Dept: 149 AD3d 1569 (Erie)

denied 8/18/17 (DiFiore, Ch. J.)


text:
    People v Silverio
   1st Dept: 151 AD3d 484 (Bronx)

denied 8/18/17 (Garcia, J.)


text:
    People v Simon-Page
   4th Dept: 147 AD3d 1508 (Steuben)

denied 8/15/17 (Garcia, J.)


text:
    People v Simons
   4th Dept: 151 AD3d 1715 (Niagara)

denied 8/22/17 (DiFiore, Ch. J.)


text:
    People v Simpson
   App Div, 1st Dept: 2017 NY Slip Op 67547(U) (Bronx)

denied reconsideration 8/16/17 (Rivera, J.)


text:
    People v Skilling
   1st Dept: 151 AD3d 584 (NY)

denied 8/11/17 (Wilson, J.)


text:
    People v Snoopy
   3d Dept: 151 AD3d 1116 (Columbia)

denied 8/4/17 (Wilson, J.)


text:
    People v Soutemenides
   4th Dept: 151 AD3d 1876 (Monroe)

denied 8/18/17 (Wilson, J.)


text:
    People v Spallone
   1st Dept: 150 AD3d 556 (NY)

denied 8/18/17 (Garcia, J.)


text:
    People v Spoor
   4th Dept: 148 AD3d 1795 (Seneca)

denied 8/9/17 (Stein, J.)


text:
    People v Stanback (Carl)
   2d Dept: 149 AD3d 876 (Kings)

denied 8/11/17 (DiFiore, Ch. J.)


text:
    People v Stanback (Carl)
   2d Dept: 149 AD3d 877 (Kings)

denied 8/11/17 (DiFiore, Ch. J.)


text:
    People v Stevenson
   3d Dept: 149 AD3d 1271 (Chemung)

denied 8/15/17 (Garcia, J.)


text:
    People v Stewart (Eugene)
   4th Dept: 151 AD3d 1860 (Niagara)

denied 8/21/17 (DiFiore, Ch. J.) (Appeal No. 1)


text:
    People v Stewart (Eugene)
   4th Dept: 151 AD3d 1861 (Niagara)

denied 8/21/17 (DiFiore, Ch. J.) (Appeal No. 2)


text:
    People v Strong
   App Div, 4th Dept, 4/20/17 (Onondaga)

dismissed 8/16/17 (Garcia, J.)


text:
    People v Taylor (Jessemar)
   2d Dept: 150 AD3d 768 (Kings)

denied 8/16/17 (Rivera, J.)


text:
    People v Taylor (Stephen)
   4th Dept: 148 AD3d 1607 (Monroe)

denied 8/28/17 (DiFiore, Ch. J.) (Appeal No. 1)


text:
    People v Taylor (Stephen)
   4th Dept: 148 AD3d 1609 (Monroe)

denied 8/28/17 (DiFiore, Ch. J.) (Appeal No. 2)


text:
    People v Terborg
   App Div, 4th Dept: 2017 NY Slip Op 74208(U) (Monroe)

dismissed 8/16/17 (Garcia, J.)


text:
    People v Thomas (Anthony)

       Omitted from July 2017 list.

   1st Dept: 150 AD3d 474 (Bronx)

denied 7/6/17 (Garcia, J.)


text:
    People v Thomas (Clarence)
   2d Dept: 150 AD3d 770 (Westchester)

denied 8/16/17 (Rivera, J.)


text:
    People v Thomas (Steven)
   2d Dept: 150 AD3d 1156 (Nassau)

denied 8/24/17 (Fahey, J.)


text:
    People v Thorsen
   App Div, 3d Dept: 2017 NY Slip Op 74398(U) (Rensselaer)

dismissed 8/24/17 (Fahey, J.)


text:
    People v Tiger
   2d Dept: 149 AD3d 86 (Orange)

granted 8/15/17 (Garcia, J.)


text:
    People v Tirado
   App Div, 4th Dept, 5/29/17 (Erie)

dismissed 8/24/17 (Rivera, J.)


text:
    People v Trimble
   2d Dept: 150 AD3d 1272 (Nassau)

denied 8/16/17 (Stein, J.)


text:
    People v Tsiklauri

       Omitted from June 2017 list or July 2017 list, as indicated by decision date.

   1st Dept: 150 AD3d 445 (NY)

denied 7/6/17 (Garcia, J.)


text:
    People v Turk*
   3d Dept: 148 AD3d 1289 (Fulton)

denied 6/23/17 (Garcia, J.)


text:
    People v Udeh
   2d Dept: 150 AD3d 900 (Kings)

denied 8/2/17 (Fahey, J.)


text:
    People v Vasquez
   1st Dept: 150 AD3d 418 (NY)

denied 8/15/17 (Garcia, J.)


text:
    People v Villalta
   App Term, 2d Dept, 9 th & 10th Jud Dists: 56 Mise 3d 59 (Nassau)

denied 8/23/17 (Fahey, J.)


text:
    People v Walker
   4th Dept: 151 AD3d 1730 (Erie)

denied 8/15/17 (DiFiore, Ch. J.)


text:
    People v Walston
   App Term, 1st Dept: 55 Mise 3d 143(A) (Bronx)

denied 8/16/17 (Rivera, J.)


text:
    People v Ward*
   1st Dept: 150 AD3d 410 (NY)

denied 7/6/17 (Garcia, J.)


text:
    People v Watson
   3d Dept: 150 AD3d 1384 (Ulster)

denied 8/2/17 (Fahey, J.)


text:
    People v White (Curtis)
   1st Dept: 151 AD3d 546 (Bronx)

denied 8/16/17 (Rivera, J.)


text:
    People v White (Rodney)
   App Term, 1st Dept: 55 Mise 3d 153(A) (NY)

denied 8/15/17 (Garcia, J.)


text:
    People v Williams (Donald)
   App Term, 2d Dept, 2d, 11th & 13th Jud Dists: 55 Mise 3d 134(A) (Queens)

denied 8/16/17 (DiFiore, Ch. J.)


text:
    People v Williams (John)
   1st Dept: 150 AD3d 409 (NY)

denied 8/23/17 (Fahey, J.)


text:
    People v Williams (Lloyd)
   2d Dept: 150 AD3d 1273 (Nassau)

denied 8/15/17 (DiFiore, Ch. J.)


text:
    People v Williams (Ricky)
   2d Dept: 149 AD3d 986 (Kings)

denied 8/23/17 (Fahey, J.)


text:
    People v Williams (Romeo)
   4th Dept: 151 AD3d 1834 (Onondaga)

denied 8/16/17 (Stein, J.)


text:
    People v Williford
   App Term, 1st Dept: 56 Mise 3d 128(A) (NY)

denied 8/24/17 (Fahey, J.)


text:
    People v Wilson
   App Div, 1st Dept: 2017 NY Slip Op 64001 (U) (NY)

dismissed 8/15/17 (Garcia, J.)


text:
    People v Winstead
   4th Dept: 151 AD3d 1725 (Cayuga)

denied 8/16/17 (Rivera, J.)


text:
    People v Womack (Andrew)
   4th Dept: 151 AD3d 1852 (Ontario)

denied 8/24/17 (Garcia, J.)


text:
    People v Womack (Andrew)
   4th Dept: 151 AD3d 1754 (Ontario)

denied 8/24/17 (Garcia, J.)


text:
    People v Woods
   App Div, 3d Dept: 2017 NY Slip Op 73678(U) (Albany)

dismissed 8/11/17 (Wilson, J.)


text:
    People v Worm
   4th Dept: 151 AD3d 1852 (Ontario)

denied 8/24/17 (Garcia, J.)


text:
    People v Wynn
   3d Dept: 149 AD3d 1252 (Clinton)

denied 8/15/17 (Garcia, J.)


text:
    People v Young
   1st Dept: 150 AD3d 429 (NY)

denied 8/16/17 (Rivera, J.)


text:
    People v Zuniga
   1st Dept: 149 AD3d 660 (NY)

denied 8/16/17 (Rivera, J.)


text:
    (August 1, 2017 through
    August 31, 2017)
    People v Aguilar
   2d Dept: 153 AD3d 182 (Orange)

granted 8/28/17 (Dillon, J.)


text:
    People v Boyd (Mark)
   1st Dept: 152 AD3d 53 (Bronx)

granted 8/22/17 (Acosta, P.J.)


text:
    People v Diaz (Emmanuel)
   2d Dept: 149 AD3d 974 (Kings)

granted 8/3/17 (Hall, J.)


text:
    People v Flores (Alex)
   2d Dept: 153 AD3d 182 (Orange)

granted 8/28/17 (Dillon, J.)


text:
    People v Flores (Emmanuel)
   2d Dept: 153 AD3d 182 (Orange)

granted 8/28/17 (Dillon, J.)


text:
    People v Hill (Nicholas)
   1st Dept: 150 AD3d 627 (NY)

granted 8/22/17 (Gesmer, J.)


text:
    People v Ramirez
   2d Dept: 153 AD3d 182 (Orange)

granted 8/28/17 (Dillon, J.)


text:
    People v Reeves
   4th Dept: 152 AD3d 1173 (Onondaga)

granted 8/28/17 (Lindley, J.)


text:
    People v Silvagnoli
   1st Dept: 151 AD3d 443 (NY)

granted 8/29/17 (Mazzarelli, J.)


text:
    People v Thibodeau
   4th Dept: 151 AD3d 1548 (Oswego)

granted 8/3/17 (Centra, J.)


text:
    [83 NE3d 853, 61 NYS3d 523]
    Dolores Parietti et al., Appellants, v Wal-Mart Stores, Inc., et al., Respondents, et al., Defendant.
    Decided September 14, 2017

      APPEARANCES OF COUNSEL

      Blackstone Law Group, LLP, New York City (Justin B. Perri, Alexander J. Urbelis and John D. Lovi of counsel), for appellants.

      Brody, O’Connor & O’Connor, Esqs., Northport (Patricia A. O’Connor of counsel), for respondents.
   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 reversed, with costs, and the motion of Wal-Mart Stores, Inc. and Wal-Mart Stores East, L.P. for summary judgment dismissing the complaint, insofar as asserted against them, denied. In a slip-and-fall case, a defendant property owner moving for summary judgment has the burden of making a prima facie showing that it neither (1) affirmatively created the hazardous condition nor (2) had actual or constructive notice of the condition and a reasonable time to correct or warn about its existence (see Lewis v Metropolitan Transp. Auth., 99 AD2d 246, 249 [1984], affd for reasons stated below 64 NY2d 670 [1984]). Triable issues of fact exist as to whether Wal-Mart Stores, Inc. and Wal-Mart Stores East, L.P. had notice of a hazardous condition and a reasonable time to correct or warn about its existence.

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


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.
    Submitted September 11, 2017;
    decided September 14, 2017
   Motion by American Insurance 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.

Judge Fahey 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.
    Submitted September 11, 2017;
    decided September 14, 2017
   Motion by New York State Academy of Trial 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.

Judge Fahey taking no part.


text:
    Veronika Chauca, Appellant, v Jamil Abraham et al., Respondents.
    Submitted September 11, 2017;
    decided September 14, 2017

      See 841 F3d 86.
   Motion by Anti-Discrimination Center, Inc. for leave to file a brief and legislative materials appendix amicus curiae on consideration of the certified question herein granted and the proposed brief and legislative materials appendix are accepted as filed. Two copies of the brief and legislative materials appendix must be served and an original and nine copies filed within seven days.


text:
    Veronika Chauca, Appellant, v Jamil Abraham et al., Respondents.
    Submitted September 11, 2017;
    decided September 14, 2017

      See 841 F3d 86.
   Motion by City of New York for leave to file a brief amicus curiae on consideration of the certified question herein granted and 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.


text:
    Veronika Chauca, Appellant, v Jamil Abraham et al., Respondents.
    Submitted September 11, 2017;
    decided September 14, 2017

      See 841 F3d 86.
   Motion by National Employment Lawyers Association/New York (NELA/NY) for leave to appear amicus curiae on consideration of the certified question 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.


text:
    In the Matter of Evan A. Davis, Appellant, v New York State Board of Elections, Respondent.
    Decided September 14, 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 (NY Const, art VI, §§ 3 [b] [2]; 5 [b]; CPLR 5601 [b] [2]).


text:
    Lisa Del Valle, Respondent, v William Gensert, Appellant.
    Submitted July 24, 2017;
    decided September 14, 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:
    Karine Gevorkyan et al., Appellants, v Ira Judelson, Respondent.
    Submitted August 28, 2017;
    decided September 14, 2017

      See 841 F3d 584.
   Motion for reargument denied [see 29 NY3d 452 (2017)].

Judge Feinman taking no part.


text:
    Andrew Kolchins, Respondent, v Evolution Markets, Inc., Appellant.
    Submitted July 10, 2017;
    decided September 14, 2017
   Motion to strike portions of plaintiff-respondent’s brief granted to the extent that those portions relate to discovery materials that are dehors the record; motion to strike otherwise denied.

Judge Feinman taking no part.


text:
    MBI International Holdings Inc. et al., Appellants, v Barclays Bank PLC, Respondent.
    Submitted August 14, 2017;
    decided September 14, 2017
   Motion by Patrick M. Connors et al. for leave to appear amici curiae on the motion for leave to appeal herein granted and the proposed brief is accepted as filed.

Judges Garcia and Feinman taking no part.


text:
    Teddy Moore, Appellant, v Frank Guerra, Defendant, and City of New York et al., Respondents.
    Submitted July 24, 2017;
    decided September 14, 2017
   Motion for reconsideration of this Court’s June 22, 2017 dismissal order denied [see 29 NY3d 1042 (2017)].

Judge Feinman taking no part.


text:
    In the Matter of New York City Asbestos Litigation. Phyllis Brown, as Administratrix of the Estate of Harry E. Brown, Deceased, Respondent, v Bell & Gossett Company, Defendant, and Consolidated Edison of New York, Inc., Appellant.
    Decided September 14, 2017
   Appeal dismissed, without costs, by the Court of Appeals sua sponte, upon the ground that the Appellate Division does not have the power to grant leave to appeal to the Court of Appeals on a certified question from an order granting a new trial (see CPLR 5601 [c]; 5602 [b] [1]; Trezza v Metropolitan Transp. Auth., 23 NY3d 1011, 1011 [2014]).


text:
    The People of the State of New York, Respondent, v Mario Arjune, Appellant.
    Submitted September 11, 2017;
    decided September 14, 2017
   Motion by National Association of Criminal Defense Lawyers 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.


text:
    The People of the State of New York, Respondent, v Mark Boyd, Appellant.
    Submitted September 11, 2017;
    decided September 14, 2017
   Motion for assignment of counsel granted and Marianne Karas, Esq., 980 Broadway, Suite 324, Thornwood, NY 10594-1139 assigned as counsel to the appellant on the appeal herein.


text:
    The People of the State of New York, Respondent, v Phillip A. Dodson, Appellant.
    Submitted September 11, 2017;
    decided September 14, 2017
   Motion for assignment of counsel granted and Timothy P. Donaher, Esq., Monroe County Public Defender, 10 N. Fitzhugh Street, Rochester, NY 14614 assigned as counsel to the appellant on the appeal herein.


text:
    The People of the State of New York, Respondent, v Mary Anne Grady Flores, Appellant.
    Submitted September 11, 2017;
    decided September 14, 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. 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 Jakim Grimes, Appellant.
    Submitted September 11, 2017;
    decided September 14, 2017
   Motion for assignment of counsel granted and Joseph C. Perry, do Baker Botts L.L.P., 30 Rockefeller Plaza, New York, NY 10122-4498 assigned as counsel to the appellant on the appeal herein.


text:
    The People of the State of New York, Respondent, v Robert Perry, Appellant.
    Submitted July 10, 2017;
    decided September 14, 2017
   On the Court’s own motion, appeal dismissed, without costs, upon the ground that the issues presented have become moot. Motion to strike portions of the brief and appendix dismissed as academic.


text:
    The People of the State of New York, Respondent, v Kevin Robinson, Appellant.
    Submitted June 26, 2017;
    decided September 14, 2017
   Motion, insofar as it seeks leave to appeal from so much of the Appellate Division order as dismissed defendant’s appeals from Supreme Court’s decisions, dismissed upon the ground that no motion for leave to appeal lies from an Appellate Division order dismissing an appeal from a decision (see CPLR 5602); motion for leave to appeal otherwise denied.


text:
    The People of the State of New York, Respondent, v Terrie J. Rush, Appellant.
    Submitted September 11, 2017;
    decided September 14, 2017
   Motion for assignment of counsel granted and Timothy P. Donaher, Esq., Monroe County Public Defender, 10 N. Fitzhugh Street, Rochester, NY 14614 assigned as counsel to the appellant on the appeal herein.


text:
    The People of the State of New York, Respondent, v Aleksejs Saveljevs, Appellant.
    Submitted September 5, 2017;
    decided September 14, 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 the Claim of Jean G. Pierre, Appellant. FJC Security Services, Inc., Respondent; Commissioner of Labor, Respondent.
    Submitted July 17, 2017;
    decided September 14, 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:
    Carlos Rodriguez, Appellant, v City of New York, Respondent.
    Submitted September 5, 2017;
    decided September 14, 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 Wladimir Sanchez et al., Appellants, v Commissioner, Department of Housing Preservation and Development of City of New York et al., Respondents.
    Submitted July 3, 2017;
    decided September 14, 2017
   Motion for leave to appeal denied with $100 costs and necessary reproduction disbursements. 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:
    Bonnie Spence-Burke, Appellant, v Kevin Burke, Respondent.
    Submitted August 21, 2017;
    decided September 14, 2017
   Motion for leave to appeal denied. Motion for a stay dismissed as academic.