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For October 4, 2024, through October 10, 2024, the following preliminary appeal statements were filed:

MATTER OF CLAIM OF GARCIA (211 AD3d 1264):
APL-2024-00127 3rd Dept. App. Div. order of 12/15/22; affirmance; leave to appeal granted by the Court of Appeals on 9/19/24; Workers' Compensation--Whether Workers' Compensation Law article 8-A, which provides an exception to the two-year filing requirement for participants in the World Trade Center rescue, recovery, and cleanup operations, applies to a surviving spouse's death benefits claim; App. Div., with one Justice dissenting, affirmed a decision of the Workers' Compensation Board, filed August 10, 2021, which ruled, among other things, that claimant's death benefits claim was untimely under Workers' Compensation Law § 28.

MATTER OF MONAGHAN v SCHROEDER (223 AD3d 972):
APL-2024-00137 3rd Dept. App. Div order of 1/4/24; confirmed determination; Witnesses--Subpoena-- Whether the revocation of petitioner's driver's license following a DMV chemical test refusal hearing violated petitioner's due process right to confront and cross- examine the relevant police officers when the officers failed to appear after being properly subpoenaed by petitioner; whether Matter of Gray v Adduci, 73 NY2d 741 (1988), mandates that a motorist should prevail at a DMV chemical test refusal hearing when the arresting officer repeatedly fails to appear at the hearing after being properly subpoenaed; whether CPLR 2308(b) applies to a chemical test refusal hearing and, if so, whether the Administrative Law Judge was required to advise petitioner's counsel that DMV changed its interpretation of Gray and would apply CPLR 2308(b) in contravention of its regulations; App. Div., in a proceeding pursuant to CPLR article 78 to review a determination of respondent Department of Motor Vehicles revoking petitioner's license, confirmed the determination, and dismissed the proceeding.

For October 11, 2024, through October 17, 2024, the following preliminary appeal statements were filed:

PEOPLE v EVERSON (JAMES) (229 AD3d 1349):
APL-2024-00135 4th Dept. App. Div. order of 7/26/24; affirmance; leave to appeal granted by Hannah, J., 10/3/24; Crimes--Consolidation and Severance--Whether the trial court erred in refusing to sever defendant's trial from that of his codefendant; whether defendant acted with the intent to cause the death of another person when he allegedly fired multiple times into a crowd of twenty people at a park; County Court, Onondaga County, convicted defendant upon a jury verdict of murder in the second degree and criminal possession of a weapon in the second degree (four counts); App. Div., with one Justice dissenting, affirmed.