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For July 27, 2018 through August 2, 2018, the following preliminary appeal statements were filed:

CARROLL v RONDOUT YACHT BASIN, INC. (162 AD3d 1150):
3rd Dept. App. Div. order of 6/7/18; modification; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution and whether any basis exists for an appeal as of right; Judgments-- Summary Judgment--Whether Supreme Court erred in granting defendant summary judgment on plaintiff's breach of contract claim; alleged oral contract for plaintiff to rent dock space from defendant; Supreme Court, Ulster County, granted defendant's motion for summary judgment dismissing the complaint; App. Div. modified by reversing so much of the Supreme Court order as granted defendant's motion for summary judgment dismissing the breach of contract cause of action, denied the motion to that extent, and, as so modified, affirmed.

For August 3, 2018 through August 9, 2018, the following preliminary appeal statements were filed:

MAIRENA (DAVID), PEOPLE v (150 AD3d 1267; 160 AD3d 986):
2nd Dept. App. Div. orders of 5/31/17 and 4/25/18; affirmance; leave to appeal granted by Fahey, J., 7/26/18; Crimes--Justification--Whether trial court erred by informing the parties, prior to summations, that it would instruct the jury on the specific instrumentality of death in its charge of manslaughter in the first degree, and then failing to include that language in its charge following summations; whether harmless error applies to the alleged error; Supreme Court, Kings County, convicted defendant of manslaughter in the first degree and criminal possession of a weapon in the fourth degree, and imposed sentence; App. Div. affirmed.

For August 10, 2018 through August 16, 2018, the following preliminary appeal statements were filed:

BERRY v NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE (162 AD3d 606):
1st Dept. App. Div. order of 6/28/18; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Motor Vehicles--Operator's License--Whether Tax Law § 171-v, which allows for the suspension of a driver's license for failure to pay outstanding taxes, violates the equal protection or due process clauses of the New York State or United States Constitutions; Supreme Court, New York County, dismissed plaintiff's complaint and declared Tax Law § 171-v constitutional; App. Div. affirmed.

McCULLUM (RAMEE), PEOPLE v (159 AD3d 8):
2nd Dept. App. Div. order of 1/31/18; affirmance; leave to appeal granted by Rivera, J., 7/24/18; 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; Supreme Court, Kings County, convicted defendant, on a jury verdict, of criminal possession of a weapon in the second degree, and imposed sentence; App. Div. affirmed.

THIAM (MOUHAMED), PEOPLE v (59 Misc 3d 126(A)):
App. Term, 1st Dept. order of 3/16/18; reversal; leave to appeal granted by Stein, J., 7/25/18; 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; Criminal Court of the City of New York, New York County, convicted defendant, on his guilty plea, of criminal possession of a controlled substance in the seventh degree, and imposed sentence; App. Term reversed and dismissed the accusatory instrument.