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For November 17, 2023 through November 23, 2023, the following preliminary appeal statements were filed:

PENNEY PROPERTY v TOWN OF AMHERST (— AD3d —, 2023 NY Slip Op 05058):
4th Dept. App. Div. order of 10/6/23; confirmed determination; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Eminent Domain--Whether the Appellate Division properly concluded that the condemnation will serve a public use, benefit, or purpose; whether petitioner was afforded constitutional due process; whether respondent provided adequate notice of the public hearing; App. Div. in a proceeding pursuant to EDPL 207 to review a determination of respondent, confirmed the determination and dismissed the proceeding.