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For January 24, 2020 through January 30, 2020, the following preliminary appeal statements were filed:

ARROYO, MATTER OF v O'NEILL (175 AD3d 1150):
1st Dept. App. Div. order of 9/17/19; modification with dissents; leave to appeal granted by App. Div., 12/26/19; Rule 500.11 review pending; Civil Service-- Termination of Employment--Whether the penalty of termination and forfeiture of petitioner's retirement benefits is so disproportionate to misconduct as to shock the conscience; Supreme Court, New York County, transferred the CPLR article 78 proceeding to the App. Div.; App. Div. modified, to vacate the penalty of dismissal and forfeiture of petitioner's retirement benefits, and remanded the proceeding to respondents for determination of a lesser penalty, and otherwise confirmed the determination.

BISONO (JOSE L.), PEOPLE v (176 AD3d 1092):
2nd Dept. App. Div. order of 10/23/19; affirmance; leave to appeal granted by Fahey, J., 1/2/20; Rule 500.11 review pending; Crimes--Appeal--Whether defendant validly waived the right to appeal; Supreme Court, Queens County, imposed 5/26/16, upon his plea of guilty; App. Div. affirmed.

COHEN v COHEN (177 AD3d 848):
2nd Dept. App. Div. order of 11/20/19; modification; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; Parent, Child and Family--Custody--Whether requiring noncustodial parent to make all reasonable efforts to ensure children's compliance with religious requirements violates the free exercise, establishment, and due process clauses of the First and Fourth Amendments of the U.S. Constitution--Whether reasonable efforts condition lacks a sound and substantial basis in the record; Supreme Court, Rockland County, (7/18/18) judgment of divorce; App. Div. modified.

DEEM ex rel. M.D. AND N.D. v DiMELLA-DEEM:
2nd Dept. App. Div. paper of 1/7/20; sua sponte examination of whether any jurisdictional basis exists for an appeal as of right; Appeal--Appealable paper; Justice of the App. Div. declined to sign proposed order to show cause.

HIMMELSTEIN, McCONNELL, GRIBBEN, DONOGHUE & JOSEPH, LLP v MATTHEW BENDER & COMPANY, INC. (172 AD3d 405):
1st Dept. App. Div. order of 5/2/19; affirmance; leave to appeal granted by Court of Appeals, 1/14/20; Consumer Protection--Deceptive Acts and Practices--Whether plaintiffs stated a cause of action under General Business Law § 349 where the only injury alleged to have resulted from defendant's allegedly deceptive business practices is the amount that plaintiffs paid for the product; Dismissal--Complaint-- Whether plaintiffs stated a cause of action for breach of contract, breach of express warranty, or breach of implied covenant of good faith and fair dealing; Supreme Court, New York County, granted defendant's motion to dismiss the complaint pursuant to CPLR 3211(a); App. Div. affirmed.

For January 31, 2020 through February 6, 2020, the following preliminary appeal statements were filed:

BAKER (TREVIS D.), PEOPLE v (175 AD3d 1113):
4th Dept. App. Div. order of 8/22/19; affirmance; leave to appeal granted by Fahey, J., 1/21/20; Rule 500.11 review pending; Appeal--Waiver of Right to Appeal-- Whether defendant's waiver of the right to appeal was invalid; County Court, Orleans County, convicted defendant of criminal sale of a controlled substance in the third degree; App. Div. affirmed.

MAGEE (JEFFREY R.), PEOPLE v (175 AD3d 1824):
4th Dept. App. Div. order of 9/27/19; affirmance; leave to appeal granted by DiFiore, Ch.J., 1/24/20; Rule 500.11 review pending; Appeal--Waiver of Right to Appeal--Whether defendant's waiver of right to appeal was invalid; County Court, Orleans County, convicted defendant of attempted criminal possession of a controlled substance in the third degree; App. Div. affirmed.

SCHNEIDER (JOSEPH), PEOPLE v (176 AD3d 979):
2nd Dept. App. Div. order of 10/16/19; affirmance; leave to appeal granted by Fahey, J., 1/15/20; Crimes--Eavesdropping Warrants--Whether Supreme Court lacked jurisdiction to issue eavesdropping warrants against defendant to intercept cellular telephone calls and electronic messages that were made and received outside New York State; interpretation of the word "executed" in CPL article 700; alleged constitutional violations; Supreme Court, Kings County, convicted defendant of enterprise corruption, promoting gambling in the first degree, possession of gambling records in the first degree, and conspiracy in the fifth degree; App. Div. affirmed.