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Vol. 31 - No. 19 5/13/11

COURT OF APPEALS NEW FILINGS

Preliminary Appeal Statements processed by the Court of Appeals Clerk's Office

May 6 through May 12, 2011

Each week, the Clerk's Office prepares a list of recently-

filed appeals, subject matter reach decision sua sponte, or appeals may be

of

these appeals

may not

of

dismissal, on

motion or

indicating short title, jurisdictional

and key issues.

Some

on

the

merits

because

predicate,

because the parties selected for review

stipulate to withdrawal.

Some

pursuant

to

the

alternative

procedure of Rule 500.11.

For

briefing will be:

in the normal course, appellant's brief to

those appeals that proceed to the briefing schedule generally be filed within 60 days after the

appeal was taken; respondent's brief to be filed within 45 days after the due date for the filing of appellant's brief; and a reply brief, if any, to be filed within 15 days after the due date for the filing of respondent's brief.

The Court welcomes motions for amicus curiae participation

from those qualified and interested in the subject matter of

these newly filed appeals. direct any questions to the

Please refer to Clerk's Office.

Rule

500.23

and

BISSELL, MATTER OF v TOWN OF AMHERST, et al.: 4TH Dept. App. Div. order of 12/30/10; modification; leave to appeal granted by Court of Appeals, 5/5/11; WORKERS' COMPENSATION - THIRD-PARTY ACTION - APPORTIONMENT OF LITIGATION COSTS - FUTURE MEDICAL PAYMENTS - WHETHER THE APPELLATE DIVISION ERRED IN DISALLOWING PETITIONER FROM PRESENTLY RECOVERING FROM THE NEW YORK STATE INSURANCE FUND THOSE LITIGATION COSTS TRACEABLE TO THE FUTURE MEDICAL EXPENSES THAT PETITIONER RECOVERED IN A PERSONAL INJURY ACTION - WORKERS' COMPENSATION LAW §§ 13(a), 29(1) - MATTER OF KELLY v STATE INS. FUND (60 NY2d 131 [1983]);

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