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For January 1, 2021 through January 7, 2021, the following preliminary appeal statements were filed:

AURORA ASSOCIATES LLC v LOCATELLI (2017 NY Slip Op 51649[U]; 184 AD3d 436):
1st Dept., App. Term order of 12/6/17; 1ST Dept. App. Div. order of 6/11/20; affirmance; leave to appeal granted by App. Div., 12/29/20; Landlord and Tenant--Loft Law--Whether the Appellate Division properly held that the loft unit at issue remained subject to rent regulation because the apartment was located in a pre-1974 building containing six or more residential units, notwithstanding the predecessor owner's purchase of a prior tenant's rights under Multiple Dwelling Law § 286 (12); Whether respondent's motion for summary judgment on the counterclaim for attorneys' fees was properly granted; New York City Civil Court, New York County, denied petitioner's motion for summary judgment of possession, granted respondent's motion for summary judgment dismissing the holdover petition, and denied respondent's motion for summary judgment on the counterclaims for rent overcharges and attorneys' fees; App. Term, modified to grant respondent's cross motion for attorneys' fees and to remand the matter to Civil Court for a hearing to determine the amount of fees due respondent, and as so modified, affirmed; and thereafter, App. Div. affirmed.

For January 8, 2021 through January 14, 2021, no preliminary appeals were filed.

For January 15, 2021 through January 21, 2021, the following preliminary appeal statements were filed:

800 Grand Concourse Owners, Inc. v Pettus:
New York City Civil Court, Bronx County, order dated 12/8/20; denied motion to dismiss; sua sponte examination of whether any basis exits for an appeal as of right; Landlord and Tenant--Holdover Proceeding--Direct appeal from Civil Court order granting landlord's motion for summary judgment; alleged constitutional violations; New York City Civil Court, Bronx County, denied respondents' motion to dismiss and granted petitioner's cross motion for summary judgment.

RODRIGUEZ (LUIS), PEOPLE v (187 AD3d 1063):
2nd Dept. App. Div. order of 10/21/20; reversed with dissents; leave to appeal granted by Rivera, J., 12/28/20; Crimes--Evidence--Whether screenshots purporting to depict selected portions of a text message conversation between defendant and the complainant were properly admitted into evidence; Supreme Court, Queens County, convicted defendant, upon a jury verdict, of attempted use of a child in a sexual performance, disseminating indecent material to a minor in the first degree, and endangering the welfare of a child, and imposed sentence; App. Div. reversed, dismissed the first and second counts of the indictment, charging defendant with attempted use of a child in a sexual performance and disseminating indecent material to a minor in the first degree, respectively, with leave to the People to represent any appropriate charges to a new Grand Jury, and remitted the matter to Supreme Court for further proceedings consistent therewith.

ROMULUS (CLEFRANTZ), PEOPLE v (189 AD3d 553):
1st Dept. App. Div. order of 12/15/20; affirmance with dissents; sua sponte examination of whether the two-Justice dissent at the App. Div. is on a question of law; Crimes--Sex Offenders--Whether the Sex Offender Registration Act (SORA) court providently exercised its discretion in reducing defendant's designation to risk level two and in declining to further reduce defendant's designation to risk level one; Supreme Court, Bronx County, adjudicated defendant a level two sex offender pursuant to SORA; App. Div. affirmed.

TAYLOR (QUANIECE S.), PEOPLE v (185 AD3d 724):
2nd Dept. App. Div. order of 7/8/20; modification; leave to appeal granted by Barros, J., 11/9/20; Crimes--Jurors--Selection of Jury--Whether the People's statement that a juror "was from Trinidad" and not African American constituted a facially nondiscriminatory basis for a preemptory strike under step two of the Baston analysis (see Batson v Kentucky, 476 US 779 [1986]); Whether defendant's Batson challenge as to the juror was preserved for appellate review; Supreme Court, Queens County, convicted defendant of assault in the second degree, assault in the third degree, and petit larceny, upon a jury verdict; App. Div. modified, by vacating the conviction of assault in the third degree, vacating the sentence imposed thereon, and dismissing that county of the indictment, and as so modified, affirmed.

ZELIG v STATE OF NEW YORK DIVISION OF HOUSING AND COMMUNITY RENEWAL (189 AD3d 657):
1st Dept. App. Div. order of 12/22/20; reversal; sua sponte examination of whether the order appealed from finally determines the proceeding within the meaning of the Constitution; Landlord and Tenant--Rent Regulation--Whether Supreme Court erred in denying remission to the New York State Division of Housing and Community Renewal (DHCR) for further fact finding and a new determination on the petition to deregulate the subject apartment; initial review of deregulation petition based on erroneous information; Supreme Court, New York County, denied the petition to annul a determination of respondent DHCR, dated June 14, 2018, which affirmed a determination of the Rent Administrator (RA) that deregulated petitioner's apartment, and dismissed the proceeding; App. Div., reversed and remitted the matter to Supreme Court with instructions to remand to DHCR for further proceedings in accordance with the opinion.