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For January 7, 2022 through January 13, 2022, the following preliminary appeal statements were filed:

COALITION OF CONCERNED CITIZENS v NYS BOARD ON ELECTRIC GENERATION SITING (199 AD3d 1310):
4th Dept. App. Div. order of 11/12/21; confirmed determination; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Municipal Corporations--Planning--Whether determination of New York State Board on Electric Generation Siting and the Environment, which granted a Certificate of Environmental Compatibility and Public Need for a wind-powered electric generating facility consisting of numerous wind turbines in several Western New York counties, was supported by substantial evidence; whether Board applied correct Town of Freedom Local Law; Constitutional Law--First Amendment Rights--Whether Board violated First Amendment rights of a group of Amish residents that would be impacted by project; New York State Board on Electric Generation Siting and the Environment granted a Certificate of Environmental Compatibility and Public Need; App. Div. confirmed the determination and dismissed the petition.

DEUTSCHE BANK v LE-MOND (198 AD3d 610):
2nd Dept. App. Div. order of 10/6/21; affirmance; sua sponte examination of whether the order appealed from finally determines the proceeding within the meaning of the Constitution and whether any jurisdictional basis exits for an appeal as of right; Motions and Orders--Vacatur of Order; Supreme Court, Kings County, denied defendant Sharon Le-Mond's motion pursuant to CPLR 5015 (a) (3), in effect, to vacate an order of the same court dated July 13, 2016 granting the plaintiff's motion, among other things, for summary judgment on the complaint insofar as asserted against her and for an order of reference, and, thereupon, for summary judgment dismissing the complaint insofar as asserted against her and on her counterclaim, among other things, to cancel and discharge of record the subject mortgage; App. Div. affirmed.

PEOPLE v LABORIEL (AMIN) (195 AD3d 1042):
2nd Dept. App. Div. order of 6/30/21; affirmance; leave to appeal granted by Wilson, J., 12/22/21; Rule 500.11 review pending; Crimes--Sentence--Whether the Department of Corrections and Community Supervision unlawfully altered defendant's sentence by subjecting defendant to continued incarceration under the Sexual Assault Reform Act (see Executive Law § 259-c); Supreme Court, Queens County, convicted defendant of criminal sexual act in the second degree and imposed sentence; App.Div., upon reargument, as limited by defendant's motion, affirmed defendant's sentence.

For January 14, 2022 through January 20, 2022, the following preliminary appeal statements were filed:

ANDERSON v COMMACK FIRE DISTRICT (195 AD3d 779):
2nd Dept. App. Div order of 6/16/21; affirmance; leave to appeal granted by the Appellate Division, 1/3/22; Municipal Corporations--Tort Liability--Whether the reckless disregard standard under Vehicle and Traffic Law § 1104 applies to plaintiff's vicarious liability cause of action against defendant Commack Fire District; whether defendant Commack Fire District could be held vicariously liable for ordinary negligence pursuant to General Municipal Law § 205-b; Supreme Court, Suffolk County, denied that branch of defendants' motion which was for summary judgment dismissing the complaint insofar as asserted against defendant Commack Fire District; App. Div. affirmed insofar as appealed from by defendant Commack Fire District.

MATTER OF DEEM v WALSH (200 AD3d 779):
2nd Dept. App. Div. order of 12/8/21; dismissal of proceeding; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Proceeding Against Body or Officer--Mandamus-- Whether petitioner demonstrated a clear legal right to the relief sought; alleged constitutional violations; App. Div. denied the petition and dismissed the CPLR article 78 proceeding.

KNIGHT v CITY OF NEW YORK (200 AD3d 459):
1st Dept. App. Div. order of 12/7/21; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Proceeding Against Body or Officer; Supreme Court, New York County, denied petition, seeking, among other things, to enjoin respondents from enforcing certain provisions of the New York State firearm licensing scheme, and granted respondents' cross motion to dismiss the proceeding brought pursuant to CPLR article 78; App. Div. affirmed.

For January 21, 2022 through January 27, 2022, the following preliminary appeal statements were filed:

CORTLANDT STREET v TPG CAPTIAL (2021 NY Slip Op 74044[U]):
1st Dept. App. Div. order of 11/4/21; dismissal; sua sponte examination of whether the order appealed from finally determines the proceeding within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; Appeal--Dismissal--Whether the Appellate Division properly dismissed the appeal; Supreme Court, New York County, inter alia, denied a motion to intervene; App. Div. dismissed proposed intervenor-appellant-respondent's appeal as academic.

WORTHY LENDING v NEW STYLE CONTRACTORS (196 AD3d 422):
1st Dept. App. Div. order of 7/6/21; affirmance; leave to appeal granted by the Court of Appeals 1/11/22; Pleading--Sufficiency of Pleading--Whether plaintiff stated a cause of action against defendant pursuant to UCC 9-607; whether a secured creditor who does not acquire an assignment may invoke UCC 9-406 to trigger account debtor's obligation to pay the secured party rather than debtor; Supreme Court, New York County, granted defendant's motion to dismiss the complaint; App. Div. affirmed.

For January 28, 2022 through February 3, 2022, the following preliminary appeal statements were filed:

SECKY v NEW PALTZ CSD (195 AD3d 1347):
3rd Dept. App. Div. order of 6/24/21; reversal; leave to appeal granted by the Court of Appeals 1/11/22; Negligence--Assumption of Risk--Whether a question of fact exists as to whether infant plaintiff assumed the risk of injuries sustained during basketball drill; Supreme Court, Ulster County, denied defendants' motion for summary judgment dismissing the complaint; App. Div. reversed, granted defendants' motion for summary judgment, and dismissed the complaint.

PEOPLE v TELFAIR (198 AD3d 678):
2nd Dept. App. Div. order of 10/6/21, affirmance; leave to appeal granted by Barros, J., 12/29/21; Rule 500.11 review pending; Crimes--Proof of Other Crimes--Where defendant was charged with various crimes involving weapons possession, whether Supreme Court properly allowed the People to introduce into evidence proof of prior uncharged crime regarding possession of a gun and prior conviction for criminal possession of a weapon under the state-of-mind exception to People v Molineux (168 NY 264 [1901]); Crimes--Possession of a Weapon--Whether the holding in New York State Rifle & Pistol Assoc. v Bruen (597 US —, 142 S Ct 2111 [2022]) mandates a dismissal of defendant’s indictment; Supreme Court, Kings County, convicted defendant of criminal possession of a weapon in the second degree and imposed sentence; App. Div. affirmed.