Return to New Filings Page


For December 11, 2020 through December 17, 2020 , the following preliminary appeal statements were filed:

MABRY (NATHANIEL), PEOPLE v (184 AD3d 867):
2nd Dept. App. Div. order of 6/24/20; affirmance; leave to appeal granted by Leventhal, J., 11/9/20; Rule 500.11 review pending; Crimes--Unlawful Search and Seizure--Whether the police had reasonable suspicion to pursue and stop defendant; whether the police were justified in searching the defendant's backpack incident to his arrest; Whether the warrantless search of the defendant's backpack incident to arrest was justified; Crimes--Right to Counsel--Whether counsel was ineffective; Supreme Court, Queens County, convicted defendant, upon a plea of guilty, of two counts of burglary in the second degree, two counts of criminal possession of stolen property in the fourth degree, three counts of criminal possession of stolen property in the fifth degree, and possession of burglar's tools; App. Div. affirmed.

For December 18, 2020 through December 24, 2020 , the following preliminary appeal statements were filed:

HAYON, MATTER OF v NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION (188 AD3d 1312):
3rd Dept. App. Div. order of 11/5/20; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved in the Appellate Division order to support an appeal as of right; Proceeding Against Body or Officer--CPLR article 78 proceeding seeking to challenge prison disciplinary determination; Supreme Court, Albany County, granted respondents' motion to dismiss the petition; App. Div. affirmed.

HSBC BANK, N.A. v BYTHEWOOD (187 AD3d 1158):
2nd Dept. App. Div. order of 10/28/20; reversal; 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; Dismissal and Nonsuit--Want of Prosecution--Whether the Appellate Division erred in concluding that the action was not properly dismissed pursuant to CPLR 3216, such that Supreme Court should have granted plaintiff's motion to vacate the certification order, to restore the action to the court's calendar, and to reinstate the notice of pendency; Supreme Court, Nassau County, denied plaintiff's motion to vacate an order of the same court dated November 20, 2012, conditionally directed dismissal of the complaint pursuant to CPLR 3216, to restore the action to the active calendar, and to reinstate the notice of pendency; App. Div. reversed 12/21/17 order, and granted plaintiff's motion to vacate the 11/20/12 order, to restore the action to the active calendar, and to reinstate the notice of pendency.

MITCHELL v CIGNA CORPORATION (2020 NYSlipOp 74569[U]):
1st Dept. App. Div. order of 11/12/20; 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; Motions and Orders; App. Div. denied motion for reargument of prior order of the court, entered August 27, 2020, which, among other things, dismissed plaintiff's appeal.

ROMUALDO (FERNANDO), PEOPLE v (188 AD3d 928):
2nd Dept. App. Div. order of 11/12/20; reversal; leave to appeal granted by Roman, J., 12/9/20; motion to dismiss appeal pending; Crimes--Verdict--Sufficiency of the Evidence--Whether the verdict convicting defendant of murder in the second degree was supported by legally sufficient evidence; whether the verdict was against the weight of the evidence; County Court, Suffolk County, convicted defendant of murder in the second degree and imposed sentence; App. Div. reversed, dismissed the indictment and remitted the matter to Supreme Court for further proceedings consistent with CPL 160.50.

SEGAL v OFFICE OF COURT ADMINISTRATION (5/21/20 order):
Justice of the 1st Dept. App. Div. order of 5/21/20; sua sponte examination of whether any jurisdictional basis exists for an appeal as of right; Motions and Orders; App. Div. denied application for permission to file motions.

SEGAL v OFFICE OF COURT ADMINISTRATION (9/30/20 order):
Justice of the 1st Dept. App. Div. order of 9/30/20; sua sponte examination of whether any jurisdictional basis exists for an appeal as of right; Motions and Orders; App. Div. denied application for reinstatement and other relief.

SEGAL v OFFICE OF COURT ADMINISTRATION (10/28/20 order):
Justice of the 1st Dept. App. Div. order of 10/28/20; sua sponte examination of whether any jurisdictional basis exists for an appeal as of right; Motions and Orders; App. Div. denied application for interim relief, and adjudged that movant failed to adhere to the Court's prior orders that he seek and obtain permission of the Court before filing any additional motions, and that future violations of the directive will result in the imposition of costs.

VASQUEZ (LUIS), PEOPLE v (182 AD3d 438):
1st Dept. App. Div. order of 4/9/20; affirmance; leave to appeal granted by Manzanet-Daniels, J., 10/22/20; Rule 500.11 review pending; Crimes--Fitness to Proceed to Trial--Whether Supreme Court erred in dispensing with a previously granted CPL article 730 exam; Crimes--Harmless and Prejudicial Error--Whether Supreme Court erred in denying defense counsel's request to speak to defense witness, who was incarcerated, before he was called to the stand; whether prosecutor's improper cross-examination of a defense witness about prior crimes deprived defendant of a fair trial; Supreme Court, Bronx County, convicted defendant of two counts of robbery in the first degree and assault in the first degree, and sentenced defendant, as a second felony offender, to an aggregate term of 25 years to life; App. Div. affirmed.