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For November 10, 2023 through November 16, 2023, the following
preliminary appeal statements were filed:
CHIEN v FISHMAN (2023 NY Slip Op 74450[U]):
1st Dept. App. Div. order of 10/3/23; denial; sua sponte examination of whether
the appeal is timely taken and whether any jurisdictional basis exists for an appeal as of
right; Motions and Orders--Whether petitioner was denied due process and equal
protection; App. Div. denied motion for leave to appeal to the Appellate Division from a
6/17/22 order of the Appellate Term, First Department; App. Div. denied motion for
reargument and/or clarification of the Appellate Division's 11/15/22 order; App. Div.
denied leave to appeal to the Court of Appeals from 11/15/22 and 6/29/23 Appellate
Division orders, and denying respondent's cross-motion.
DAVIS v MARSHALL & STERLING (217 AD3d 1073):
3rd Dept. App. Div. order of 6/8/23; affirmance; leave to appeal granted by the
Appellate Division, 9/15/23; sua sponte examination of whether the order appealed from
finally determines the action within the meaning of the Constitution and whether an
appeal lies from a nonfinal Appellate Division order absent a certified question.
Employment Relationships--Restrictive Covenant in Employment Contract--
Whether restrictive covenants in plaintiffs' employment agreements are enforceable
as a matter of law; Supreme Court, Ulster County, denied plaintiffs' and third-party
defendant's motion for, among other things, summary judgment dismissing the third-party
complaint, and partially granted defendant's cross-motion for, among other things,
summary judgment on the issue of liability; App. Div. affirmed.
MANKO v MANNOR (2022 NY Slip Op 69033[U]):
1st Dept. App. Div. order of 7/26/22; denial; sua sponte examination of whether
any jurisdictional basis exists for an appeal as of right; Motions and Orders; App. Div.
denied motion to vacate and reconsider prior orders; App. Div. denied motion, among
other things, to vacate and reconsider prior orders, and directed plaintiff not to file further
motions without permission of the Clerk of the Court.