Legal Cases in New York: Criminal Proceedings and Evidence, Schemes and Mind Maps of Law

Download Legal Cases in New York: Criminal Proceedings and Evidence and more Schemes and Mind Maps Law in PDF only on Docsity! September 2019 NEW FILINGS DIGEST - QUARTERLY UPDATE This report lists, by title and subject matter, appeals pending as of September 30, 2019. The appeals were previously published as "Court of Appeals New Filings." Contact the Clerk's Office for additional information on pending appeals. ADIRONDACK WILD: FRIENDS OF THE FOREST PRESERVE et al., MATTER OF v NEW YORK STATE ADIRONDACK PARK AGENCY et al.: Environmental Conservation--Judicial Review--in CPLR article 78 proceeding challenging Department of Environmental Conservation’s approval of Essex Chain Lakes Complex Unit Management Plan, whether certain causes of action were ripe for judicial review; whether a rational basis exists for the determination of the Department of Environmental Conservation that the Wild, Scenic and Recreational Rivers System Act permits establishment of snowmobile trail on a road that is located in a wild river area; whether Supreme Court properly dismissed the fourth cause of action on the basis that respondents are not bound by guidance document for the siting, construction and maintenance of snowmobile trails that was adopted by Department of Environmental Conservation in 2009. ALLENDE (MARCELINO), PEOPLE v: Crimes--Robbery--Whether defendant may be convicted of first-degree robbery under Penal Law § 160.15(4) where a witness to the crime, but not the victim, observes defendant display what appears to be a firearm. ALSTON (RICKEY), PEOPLE v: Crimes--Arraignment--Whether trial court's failure to follow procedure set forth in CPL 200.60 was harmless error; trial court required defendant to decide, prior to jury selection, whether to admit his prior conviction; Evidence--Whether trial court providently exercised its discretion in admitting a cell phone video recording of a restaurant's surveillance videotape; Sentence--Whether defendant was properly adjudicated a second felony offender based on a Washington D.C. drug conviction. ALTAMIRANO (MAURICIO), PEOPLE v: Crimes--Instructions--Whether defendant was denied the right to a fair trial when the trial court provided the jury with a charge on the defense of temporary and innocent possession of a weapon without first informing counsel and without permitting counsel to reopen his summation; whether harmless error analysis applies. 2 AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY v ALLIED CAPITAL CORPORATION, et al.: Arbitration--Award in Excess of Arbitrator's Powers--Whether the arbitration panel exceeded its authority when it reconsidered the partial final award it had previously issued--common law doctrine of functus officio; arbitration proceeding arising out of litigation involving an insurance claim payment; summary judgment. ANONYMOUS, PEOPLE v: Crimes--Sealing of Records--Whether prosecution was entitled, pursuant to CPL 160.50 (1)(d)(ii), to an order unsealing record for the purpose of making sentencing recommendation; prosecution sought to have sentencing court consider defendant’s testimony from another criminal case where defendant admitted to engaging in illegal activity, which was a violation of his plea agreement; if unsealing was improper, whether defendant is entitled to resentencing. MATTER OF ANONYMOUS: Attorney and Client--Disciplinary Proceedings--Appellate Division order denying motion to vacate disbarment order. ANSLEY, MATTER OF v JAMESVILLE-DeWITT CENTRAL SCHOOL DISTRICT: Schools--Bus Drivers--Whether termination of petitioner school bus driver was so disproportionate to the offense committed as to shock one's sense of fairness; petitioner slapped student in face after student punched her. ATES, MATTER OF v CRECCA, &c., et al.: Proceeding against Body or Officer--Prohibition. BADJI (FREDERIC), PEOPLE v: Crimes--Larceny--Whether a defendant may be convicted of grand larceny based on the theft of the victim's credit card where the People present proof that defendant used victim's credit card number to make purchases but did not possess the physical credit card; Crimes--Identification of Defendant--Whether the trial court properly admitted non-eyewitness testimony regarding identification of defendant; Crimes-- Evidence–Whether best evidence rule applies to video stills where the People did not introduce video surveillance tape from which the video stills were taken. 5 COLON v MARTIN: Municipal Corporations--Examination of Claims--Whether Supreme Court properly dismissed plaintiffs' complaint for failure to comply with General Municipal Law § 50-h; plaintiffs demanded that each plaintiff be permitted to be present while other testified at § 50-h hearing and municipal defendants refused, resulting in § 50-h hearing not being conducted; whether General Municipal Law § 50-h permits municipal defendants to exclude one claimant from the examination of another claimant. COOK (TYRELL), PEOPLE v: Crimes--Suppression Hearing--Whether trial court properly reopened a suppression hearing, before rendering a decision, to permit the People to call an officer with additional information tending to establish reasonable suspicion for defendant’s detention; Legal Sufficiency—whether the evidence was legally sufficient to establish that the victim suffered a physical injury; Right to a Fair Trial—whether defendant was denied his right to a fair trial based on alleged juror misconduct. COZZI, MATTER OF v AMERICAN STOCK EXCHANGE et al.; WORKERS' COMPENSATION BOARD: Workers' Compensation --Whether the Workers' Compensation Board abused its discretion in determining that it was without jurisdiction to reopen the claim; alleged constitutional violations. CUBERO (MICHAEL), PEOPLE v: Crimes--Appeal--Preservation of constitutional challenge to statute creating Justice Center for the Protection of People with Special Needs; whether Appellate Division, pursuant to its interest of justice jurisdiction or by its inherent authority, may remit matter for further factual findings as to whether Special Prosecutor acted with consent of District Attorney; crimes—right to counsel—effective representation—whether defendant’s counsel was ineffective for failing to raise constitutional argument challenging authority of Special Prosecutor. CUTAIA v THE BOARD OF MANAGERS OF 160/170 VARICK STREET CONDOMINIUM, et al.: Labor--Safe Place to Work--Whether plaintiff established entitlement to summary judgment on the Labor Law § 240(1) claim; plaintiff was injured when he received electrical shock and fell off ladder; application of Nazario v 222 Broadway, LLC (28 NY3d 1054 [2016]). 6 DANIELS v NEW YORK CITY TRANSIT AUTHORITY: Trial--Evidence--Whether the trial court abused its discretion by allowing expert witness testimony on non-mandatory “industry standards”; whether the trial court abused its discretion by allowing evidence of data concerning accidents at other subway stations. TOWN OF DELAWARE v LEIFER, &c.: Municipal Corporations--Zoning--Variance--Action by town to enjoin defendant landowner from holding outdoor festival on his land without applying for a use variance—whether the outdoor festival with presentation of music falls within the zoning code definition of a “theater” prohibited in the town’s Rural District; claimed violations of defendant’s First Amendment rights. DELEON (OMAR), PEOPLE v: Crimes--Larceny--Whether evidence before grand jury was sufficient to support the charges of attempted grand larceny in the third and fourth degrees; defendant placed “fishing device” in mailbox into which joint police-postal service task force had inserted more than $3000 in money orders; no evidence presented as to the value of the mail defendant attempted to remove. DELGADO, et al. v STATE OF NEW YORK et al.: Constitutional Law--Validity of Statute--Whether Part HHH of Chapter 59 of the Laws of 2018 violates the New York State Constitution. DELORBE (JOSE), PEOPLE v: Crimes--Plea of Guilty--Whether defendant was required to preserve Peque claim (see People v Peque, 22 NY3d 168 [2013]) where defendant was served with a notice of immigration consequences form at arraignment; crimes--vacatur of judgment of conviction--whether Supreme Court properly denied defendant’s CPL 440.10 motion without a hearing. DEL ROSARIO (SERGIO), PEOPLE v: Crimes--Sex Offenders--Sex Offender Registration Act--Level Two Sex Offender-- Upward Departure--Whether the courts below erred in concluding that defendant’s familial relationship with the victim was an aggravating circumstance not adequately taken into account by the Risk Assessment Instrument and provided a basis to upwardly depart from the presumptive risk level. DEUTSCHE BANK NATIONAL TRUST COMPANY v BARCLAYS BANK; DEUTSCHE BANK NATIONAL TRUST v HSBC BANK USA: Limitations of Actions--What Statute Governs--Whether plaintiff trustee’s breach of contract claims were barred by California’s four-year statute of limitations, pursuant to 7 the borrowing statute of CPLR 202; defendant banks alleged to have breached representations and warranties made in connection with the sale of residential mortgage-backed securities pooled in trust; whether claim accrued in California or New York. DEUTSCHE BANK NATIONAL TRUST COMPANY, &c. v MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC, &c., et al.: Contracts--Contractual Limitation of Liability--Whether plaintiff sufficiently pleaded gross negligence to render “sole remedy” clauses in parties’ residential mortgage-backed security agreements unenforceable, thereby permitting a claim for compensatory damages; whether plaintiff’s allegations of wrongdoing against it were sufficient to support a demand for punitive damages. DIAZ (VICTOR), PEOPLE v: Crimes--Sex Offenders---Sex Offender Registration Act--Level Two Sex Offender-- Whether County Court erred in assessing points for forcible compulsion under risk factor 1. DiLORENZO v WINDERMERE OWNERS LLC, et al.: Landlord and Tenant--Rent Regulation--Whether defendants, original and successor owner of residential building, substantiated defendants' claims that they made sufficient expenditures for individual apartment improvements, thereby rendering subject apartment exempt from rent stabilization; whether plaintiff waived claim regarding useful life of improvements. ELLIS (ROBERT), PEOPLE v: Crimes--Jurors--Challenge to Juror for Cause--Whether the trial court abused its discretion as a matter of law when it denied defendant’s for-cause challenge to a prospective juror who was a retired school security officer and whose son, a police officer, had been excused for cause due to his relationships with witnesses; Crimes--Fair Trial--Jurors Saw Defendant's Prison Garb--Whether defendant was deprived of a fair trial when he appeared before the jury in prison-issued clothing. ELTINGVILLE LUTHERAN CHURCH v RIMBO, &c., et al.: Religious--Corporations and Associations--Judicial Review--Whether Supreme Court lacked subject matter jurisdiction over internal church dispute; Religious Corporations and Associations--Determination of Claim to Real Property--Whether church was entitled to injunctive relief to prevent seizure of property. 10 HAIMS, MATTER OF v LEHMANN: Parent, Child and Family--Custody--Whether maternal aunt demonstrated existence of extraordinary circumstances warranting award of physical custody to her rather than to child's father; whether Family Court erred in awarding joint legal custody of the child to maternal aunt and father; whether Family Court's determination discontinuing father's supervised therapeutic parental access lacked a sound and substantial basis in the record; alleged constitutional violations. HARDY (EDWARD), PEOPLE v: Crimes--Complaint--Whether local criminal court information can be amended by adding to or altering the factual allegations contained therein; application of CPL 100.45 and People v Easton (307 NY 336, 338 [1954]); date on which crime allegedly took place had not yet occurred when information was filed. HARRIS (WILLIE), PEOPLE v: Crimes--Unlawful Search and Seizure--Whether exigent circumstances justified warrantless search of a closed container incident to defendant's arrest. MATTER OF HENNESSY (HEARST CORPORATION, &c. -- COMMISSIONER OF LABOR): Unemployment Insurance--Employee or Independent Contractor--Whether substantial evidence supports determination that claimant newspaper carrier and other similarly situated carriers are employees, not independent contractors, of newspaper publisher; alleged due process violations. HE (RONG), PEOPLE v: Crimes--Confession--Whether statement obtained from defendant following a Payton violation (see Payton v New York, 455 US 573 [1980]) was sufficiently attenuated from illegal arrest; evidence--whether the People committed a Brady violation (see Brady v Maryland, 373 US 83 [1963]) by failing to disclose the contact information of potential witnesses. HE v TROON MANAGEMENT, et al.: Negligence--Maintenance of Premises--Whether New York City Administrative Code § 2-710 imposes a nondelegable duty on out-of-possession landlord to keep sidewalk free of ice and snow; commercial lease assigned the duty to clear snow and ice to tenant. HENRY v HAMILTON EQUITIES, INC., et al.: Negligence--Maintenance of Premises--Liability of out-of-possession landlords for 11 condition of nursing home premises where plaintiff nurse was injured in a slip and fall incident--whether exception to out-of-possession landlord rule set forth in Putnam v Stout (38 NY2d 607 [1976]) applies where the owner has a duty to repair under its contract with and regulations promulgated by HUD. HEWITT v PALMER VETERINARY CLINIC, P.C.: Animals--Knowledge of Vicious Propensity--Whether strict liability rule applies where plaintiff seeks to recover from a defendant who maintained the premises where the injury occurred but did not own the animal that caused the injury; plaintiff attacked by another patron’s dog at defendant veterinarian’s office. HINSHAW (ROBERT), PEOPLE v: Crimes--Unlawful Search and Seizure--Whether the police had reasonable suspicion to stop defendant's vehicle; officer checked Department of Motor Vehicles (DMV) computer records for the vehicle's license plate number, which revealed that he car had been impounded and therefore should have been located on an impound lot; DMV report stated that it "should not be treated as a stolen vehicle hit" and "[n]o further action should be taken based solely upon this impounded response." HOLZ (DAVID M.), PEOPLE v: Crimes--Appeal--Whether Supreme Court’s denial of suppression of evidence relating to a burglary count to which defendant did not plead guilty was reviewable on appeal from a judgment rendered on separate burglary count charged in the same indictment; application of CPL 710.70(2). TOWN OF IRONDEQUOIT AND TOWN OF BRIGHTON, MATTER OF v COUNTY OF MONROE, et al.: Statutes--Construction--Whether maintenance repair and demolition charges assessed against real property by a town pursuant to Town Law §§ 64 (5-1) and 130 (16) that are not paid must be credited by the county to the town under Real Property Tax Law § 936. PEOPLE ex rel. JOHNSON v SUPERINTENDENT, ADIRONDACK CORRECTIONAL FACILITY, et al.: Crimes--Sex Offender--Whether the mandatory condition on parole release imposed under Executive Law § 259-c (14) is violative of substantive due process under the Federal or State Constitution. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION v CALIGURI, &c.: Mortgages--Foreclosures-Whether plaintiff mortgagee established standing in foreclosure 12 action; plaintiff attached to summons and complaint a copy of consolidated note, which bore an endorsement in blank from original lender; defendant demanded inspection of original note; Whether second foreclosure action was barred by res judicata; Whether Supreme Court erred in not transferring foreclosure action to Justice who dismissed plaintiff's earlier foreclosure action. JUAREZ, et al., MATTER OF v NEW YORK STATE OFFICE OF VICTIM SERVICES, et al.: Administrative Law--Rule Making--Whether New York State Office of Victim Services exceeded its authority under Executive Law article 22 to adopt regulations for the approval of crime victims' counsel fee requests by amending its regulations to provide that such awards may be considered only for fees incurred in successful administrative reconsideration reviews and judicial review (9 NYCRR 525.9 [a],[c]). KLEIN v KLEIN: Appeals--Appealable paper--Whether an appeal lies from an order to show cause signed by an individual Justice of the Appellate Division. KRUG, MATTER OF v CITY OF BUFFALO: Proceeding Against Body or Officer--CPLR article 78 proceeding to annul respondent’s denial of petitioner’s request to be defended in a civil action alleging that petitioner police officer assaulted a civilian; whether the denial of petitioner’s request for a defense was arbitrary and capricious; whether conduct occurred while petitioner was acting within the scope of his public employment or duties. LANG (DAVID R.), PEOPLE v: Crimes--Disclosure--Whether defendant was entitled to a curative instruction where the police failed to conduct a timely blood alcohol level test; jurors--discharge of juror-- whether the trial court engaged in reasonably thorough inquiry prior to discharging sworn juror; argument and conduct of counsel-- whether prosecutor’s comments during summation deprived defendant of a fair trial. LANG (STORM U.), a/k/a STORM U.J. LANG, a/k/a STORM LANG, PEOPLE v: Crimes--Appeal--Whether defendant’s waiver of the right to appeal was valid; Crimes-- Sentence--Youthful Offender--whether defendant waived or forfeited his right to challenge sentencing court’s denial of youthful offender status. LANIOX v CITY OF NEW YORK: Negligence--Maintenance of Premises--Whether plaintiff raised an issue of fact as to whether assailant was an intruder, rather than tenant or invitee, in building where plaintiff was attacked. 15 MANKO v GABAY, &c., et al. (INDEX #25157/10): Appeal--Appellate Division order affirming Supreme Court's denial of motion to vacate prior order of that Court. MANKO v GABAY & c., et al. (INDEX NO. 22148/13): Appeal--Appealable order. MANKO v LENOX HILL ANESTHESIOLOGY, PLLC, et al.: Appeal--Appealable Paper--Appellate Division order denying motion to vacate or, in the alternative, for leave to appeal. McCULLUM (RAMEE), PEOPLE v: Crimes--Possession of Weapon--Whether a defendant maintains a reasonable expectation of privacy in goods bailed as the result of a landlord’s “legal possession” of an apartment, sufficient to establish standing to challenge a search under the Fourth Amendment of the United States Constitution--whether, where the People and the court both commit an error of fact, the defendant is justified in relying on that error for purposes of preservation of an argument. McCURDY, PEOPLE ex rel. v WARDEN: Crimes--Sex Offenders--Whether Department of Corrections and Community Supervision had authority to place a level three sex offender who already completed more than six months of postrelease supervision into Residential Treatment Facility where sex offender was unable to locate housing compliant with the Sexual Assault Reform Act; application of Penal Law § 70.45(3), Correction Law § 73(10), Executive Law § 259-c(14). McNERLIN, MATTER OF v ARGENTO &c, et al.: Crimes--Double Jeopardy--Whether the prosecution of petitioner is barred by the Double Jeopardy Clause of the state Constitution under the "same conduct" test or by the state's statutory double jeopardy provisions. MIDDLETON (DONNA), PEOPLE v: Crimes--Official Misconduct--Whether the information sufficiently established the “intent to obtain a benefit” element of Penal Law § 195.00 (1)--whether the acts charged fell outside defendant’s “official duties”; prisons and prisoners. MUHAMMAD (ZHAKARIYYA), PEOPLE v: Jury--Deliberations--Whether trial court's responses to notes sent by the jury were coercive; trial court repeated Allen charge it had given preceding day without providing additional guidance requested by jury and granted jury's request for more time to deliberate without addressing scheduling conflicts raised in jury note. 16 MURPHY v TOWN OF OYSTER BAY, et al.: Navigable Waters--Public Right of Use--State Ownership of Underwater Lands--Whether the lower courts properly concluded that certain underwater lands belong to the State of New York rather than the Town of Oyster Bay. NATIONAL FUEL GAS SUPPLY CORP., MATTER OF v SCHUECKLER et al.: Eminent Domain--Exemption from Public Hearing--Whether petitioner natural gas company held qualifying federal permit under Eminent Domain Procedure Law (EDPL) 206(A), thereby exempting it from standard hearing and findings procedure of EDPL article 2; Federal Energy Regulatory Commission granted petitioner’s application for a certificate of public convenience and necessity to construct 97-mile natural gas pipeline across respondents’ land, but State Department of Environmental Conservation denied petitioner’s application for water quality certification (WQC); federal certificate of public convenience allowed construction of pipeline subject to various conditions, including State’s issuance of WQC. NEGRON, PEOPLE ex rel. v SUPERINTENDENT, WOODBOURNE CORRECTIONAL FACILITY: Crimes--Sex Offenders--Whether petitioner is subject to Executive Law § 259–c (14),which prohibits certain inmates being released from custody from knowingly entering into or upon any school grounds; petitioner, a level three sex offender, was serving a sentence for an offense not enumerated in section 259-c prior to his release from custody. NEULANDER (M. ROBERT), PEOPLE v: Crimes--Jurors--Misconduct of Jurors--Whether the trial court improperly denied defendant’s CPL 330.30 motion to set aside verdict on basis of juror misconduct; during trial, juror exchanged text messages with third parties regarding the trial. O'DONNELL, MATTER OF v ERIE COUNTY, et al.: Workers' Compensation--Voluntary Withdrawal from Labor Market--Whether the Appellate Division erred in affirming the Workers’ Compensation Board’s determination on the basis that an April 2017 amendment to Workers’ Compensation Law § 15(3)(w) no longer requires a claimant to demonstrate an ongoing attachment to the labor market. OLDS (LESLIE K.), PEOPLE v.: Crimes--Sentence--Whether the sentence imposed was vindictive; whether defendant preserved for appellate review the issue of vindictiveness. 17 PAGE (LIMMIA), PEOPLE v: Crimes--Unlawful Search and Seizure--Whether marine interdiction agent with the U.S. Customs and Border Protection Air and Marine Operations effected a valid citizen's arrest of defendant (CPL 140.30); whether evidence seized as a result of an invalid citizen's arrest is subject to suppression. PATTERSON (RUDY), PEOPLE v: Crimes--Jurors--Challenge to Juror for Cause--Whether trial court erred in denying defendant's challenge for cause to a prospective juror; Crimes--Suppression--Whether the court properly denied defendant's motion to suppress physical evidence and statements; Crimes--Right to Counsel--Whether court abused its discretion in reassigning a certain attorney to serve as defense counsel when the court previously relieved the same attorney due to an apparent conflict of interest; Crimes--Witnesses--Whether court properly allowed police officer to testify on matters relating to drug transactions that were not within the common knowledge or experience of the average juror; Crimes--Appeal-- Preservation of Issue for Review--challenge to prosecutor allegedly vouching for police witnesses. PENA (ROBIN), PEOPLE v: Crimes--Unlawful Search and Seizure--Whether police officer made objectively reasonable mistake of law in stopping defendant's vehicle, which had working brake lights on right and left sides as required by Vehicle and Traffic Law § 375(40)(b), but defective center brake light, which is not a traffic violation. PEOPLE CARE INCORPORATED, d/b/a ASSISTED CARE, MATTER OF v THE CITY OF NEW YORK HUMAN RESOURCES ADMINISTRATION, et al.: Social Services--Recoupment of Overpayments--Whether respondent The City of New York Human Resources Administration Department of Social Services has the authority to audit and recover overpayments of funds provided pursuant to the Health Care Reform Act from petition, a personal care service provider. PEREZ (JOSE), PEOPLE v: Crimes--Sex Offenders--Sex Offender Registration Act (SORA)--Whether Supreme Court erred when it assessed defendant 30 points for purposes of risk factor 9 based on a prior conviction of lewdness in New Jersey--whether prior New Jersey conviction for public lewdness constituted a "misdemeanor sex crime" under New York law. PETTUS v BOARD OF DIRECTORS, OWNERS 800 GRAND CONCOURSE (INDEX NO. 0260040/2018): Appeals--Papers appealable. 20 RIVERA v STATE OF NEW YORK: Employment Relations--Respondent Superior--Vicarious Liability--Whether the Court of Claims properly concluded that the State was not vicariously liable for the actions of a corrections officer; whether corrections officer, who assaulted inmate, was acting outside the scope of officer’s employment; Pleading--Answer--whether the Court of Claims abused its discretion in allowing State to amend its answer to include affirmative defense. ROBERTS v CITY OF NEW YORK: Judgments--Summary Judgment--Whether plaintiff raised triable issues of fact sufficient to defeat summary judgment on claims alleging false arrest and imprisonment, and malicious prosecution; plaintiff arrested and prosecuted for murder for which he was acquitted. RODRIGUEZ (MANUEL), PEOPLE v: Crimes--Larceny--Whether evidence was legally sufficient to establish grand larceny in the third degree where defendant exercised dominion and control over proceeds of stolen check, but not over the stolen check itself. ROUSE (CLARENCE), PEOPLE v: Crimes--Witnesses--Whether trial court’s restriction of cross-examination of a police witness concerning prior bad acts deprived defendant of his right to confrontation; whether the trial judge’s denigration of defense counsel in front of the jury deprived defendant of a fair trial; whether trial court properly excluded evidence including 911 recordings; whether the verdict was based on legally sufficient evidence. LUIS S., MATTER OF v STATE OF NEW YORK, et al.: Crimes--Sex Offenders--Proceeding pursuant to Mental Hygiene Law article 10 seeking an order discharging petitioner or releasing him to the community under a regimen of strict and intensive supervision and treatment after service of his sentence for a sex offense--claim by petitioner that reliance on a diagnosis of “Unspecified Paraphilic Disorder” to support a judicial finding of mental abnormality violated his due process rights; whether the finding of mental abnormality was against the weight of the evidence. SEON, MATTER OF v NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, et al.: Administrative Law--Judicial Review--Whether there is substantial evidence in the record to support the determination of the Administrative Law Judge that petitioner, New York City Transit bus driver, failed to exercise due care and that such failure caused pedestrian serious physical injury (Vehicle and Traffic Law § 1146). 21 SHIFER v SHIFER: Judgments--Collateral Estoppel--Whether the Appellate Division's ruling that appellant was in privity with her brother and therefore bound by his divorce action with respondent violates appellant's right to due process under the state and federal Constitutions; Whether the Appellate Division erred by awarding 100% of certain of appellant's real properties to respondent based on a decision in a divorce action which held that the 50% ownership share of appellant's brother in those properties was marital and subject to equitable distribution to respondent. MATTER OF SKLAR, AN ATTORNEY: Attorney and Client--Disciplinary Proceedings--Whether imposition of reciprocal discipline, based on findings of attorney misconduct in California, was proper; alleged due process violations. SUTTON 58 ASSOCIATES, LLC v PILEVSKY et al.: United States--Federal Preemption--Whether plaintiff’s state law claims are preempted by federal law; sole damages sought by plaintiff were losses resulting from the delay of a real estate project due to bankruptcy filing of two nonparty entities. MATTER OF MARIAN T. (LAUREN R.): Adoption--Adoption of Adult--Whether Surrogates’ Court had discretion to dispense with adult adoptee’s consent in adoption proceeding; petitioners commenced proceeding to adopt 64-year-old woman with severe intellectual disabilities, who resided in petitioners’ family care home; construction of Domestic Relations Law § 111(1)(a). TAYLOR et al. v 72A REALTY ASSOCIATES, L.P., et al.: Landlord and Tenant--Rent Regulation--Action to recover rent overcharges for apartment leased as exempt from rent regulation while landlord received tax incentives under the City’s J-51 program--Whether the Appellate Division erred in recognizing a residential rent overcharge computation starting more than four years before the action was commenced, and failing to dismiss the plaintiffs’ claim for treble damages; effect of expiration of landlord’s tax exemption/abatement (J-51) status in the 2002/2003 tax year. THIAM (MOUHAMED), PEOPLE v: Crimes--Accusatory Instrument--Where a defendant is charged only with misdemeanors or lesser charges in a multi-count accusatory instrument and at least one misdemeanor count is facially sufficient, does the trial court have jurisdiction over the defendant such that it may accept a plea to any count in the accusatory instrument, even those that are facially insufficient--whether a defendant may plead to a misdemeanor that is of an equal or higher grade than the misdemeanor charge that is facially sufficient. 22 THOMAS (VICTOR), PEOPLE v: Crimes--Appeal--Waiver of Right to Appeal—whether defendant’s waiver of the right to appeal was valid; crimes—confession—whether defendant’s statement to police, made after a detective showed defendant an incriminating photograph, was the product of custodial interrogation requiring Miranda warnings. TOLAND, MATTER OF v MOYNIHAN, &c.: Appeals--Appealable Paper. THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK v D'AGOSTINO SUPERMARKETS, INC.: Damages--Liquidated Damages--Whether liquidated damages provision of a commercial lease surrender agreement was enforceable. TSINTZELIS (GEORGE), PEOPLE v: Crimes--Evidence--DNA Identification Tests--Whether the trial court erred in denying defendant’s discovery request pursuant to CPL 240.20(1)(c) for the electronic raw data used to develop his DNA profile; whether the admission of DNA lab reports through the testimony of an analyst who didn’t perform or supervise the DNA testing violated defendant’s confrontation rights. UDEKE (SIXTUS), PEOPLE v: Crimes--Plea of Guilty--Whether guilty plea was knowing and voluntary where trial court told defendant during plea allocution that he would have no right to a jury trial if the prosecution proceeded on a B misdemeanor, and did not address the issue of a right to jury trial based on his immigrant status and possible deportation upon conviction; retroactivity of People v Suazo decided 11/27/18. US BANK NATIONAL ASSOCIATION, &c. v NELSON, et al.: Parties--Standing--Whether, in a mortgage foreclosure action in which the complaint alleges that the plaintiff is the owner and holder of the note and mortgage, the denial of that allegation in the answer is alone sufficient to assert that the plaintiff lacks standing, thereby placing the question of standing in issue. MATTER OF A.V.: Infants--Juvenile Delinquents--Whether Family Court abused its discretion in adjudicating appellant a juvenile delinquent and placing her on probation for a period of one year rather than granting an adjournment in contemplation of dismissal.