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For December 15, 2023 through December 21, 2023 , the following preliminary appeal statements were filed:

BANK OF AMERICA v REDD (2023 NY Slip Op 75197[U]):
2nd Dept. App. Div. order of 10/18/23; denial; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution and whether any jurisdictional basis exists for an appeal as of right; Appeal- -Matters Appealable; Supreme Court, Nassau County, brought on a motion for a stay; App. Div., inter alia, denied leave to appeal and dismissed the appeal purportedly taken as of right.

MATTER OF CORNING NATURAL GAS v PUBLIC SERVICE COMMISSION (221 AD3d 1075):
3rd Dept. App. Div. order of 11/2/23; confirmed determination; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Proceeding Against Body or Officer--Substantial Evidence--Whether substantial evidence supports that part of respondent's order imposing COVID-19 related austerity measures disallowing wage increases to nonunion workers, removing the allowance for certain new employees, removing accelerated amortization for leak-prone pipes and modifying the amortization period for regulatory assets and liabilities; whether respondent's order setting rates and rate plan was just and reasonable; whether respondent's order denying petitioner's rate deferral petition is supported by substantial evidence; whether that portion of respondent's rate order providing for a 3% wage increase only for union employees violates the equal protection clause or the National Labor Relations Act; App. Div. confirmed the determination of respondent establishing petitioner's rate for gas service, and dismissed the CPLR article 78 petition.

RUFUS (PARRIS), PEOPLE v. (220 AD3d 1162):
4th Dept. App. Div. order of 10/6/23; affirmance; leave to appeal granted by Curran, J., 11/16/23; Motor Vehicles--Operating Vehicle while Under Influence of Alcohol or Drugs--Whether the police officer lawfully stopped defendant's car for crossing the white fog line; whether the evidence was legally sufficient to establish that defendant was intoxicated; County Court, Monroe County, convicted defendant, upon a nonjury verdict, of driving while intoxicated, as a class E felony; App. Div., with two Justices dissenting, affirmed.

MATTER OF TRUMP v ENGORON (— AD3d —, 2023 NY Slip Op 06461):
1st Dept. App. Div. order of 12/14/23; dismissal; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Proceeding Against Body or Officer--Writ of prohibition seeking to vacate and annul gag orders and contempt orders; App. Div. dismissed the CPLR article 78 proceeding seeking review of four orders of Supreme Court, New York County, entered October 3, 2023, November 3, 2023, October 20, 2023, and October 26, 2023.

PEOPLE v WILLIAMS (RAYMOND) (216 AD3d 466):
1st Dept. App. Div. order of 5/9/23; affirmance; leave to appeal granted by Mendez, J., 7/6/23; Crimes--Burglary--Whether the evidence was legally sufficient to establish that defendant committed third-degree burglary; Supreme Court, New York County, convicted defendant, after a jury trial, of burglary in the third degree, and sentenced him, as a second felony offender, to a term of 3 ½ to 7 years; App. Div., with two Justices dissenting, affirmed.

WU v UBER TECHNOLOGIES (219 AD3d 1208):
1st Dept. order of 9/21/23; affirmance; leave to appeal granted by the Appellate Division, 12/12/23; Arbitration--Agreement to Arbitrate--Whether the courts below properly determined that an agreement to arbitrate existed between plaintiff and Uber; whether the ethical rule prohibiting an attorney from contacting a represented party prevents a corporation from including an agreement to arbitrate a pending lawsuit in its terms of service in its software application; whether it was reasonable for plaintiff to expect that assenting to an update to the application's terms of use would affect her pending lawsuit in which she was represented by counsel; whether the Federal Arbitration Act preempts New York's law on arbitration clauses; whether the purported agreement was unconscionable; whether Uber may rely on its prior 2016 terms of service; Supreme Court, Bronx County, denied plaintiff's motion to stay defendant Uber Technologies, Inc.'s demand for arbitration and to sanction Uber, and granted Uber's motion to compel arbitration; App. Div. affirmed.

For December 22, 2023 through December 28, 2023 , the following preliminary appeal statements were filed:

BOOKER v MCMINDES (220 AD3d 1026):
3rd Dept. App. Div. order of 10/12/23; affirmance; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution and whether any jurisdictional basis exists for an appeal as of right; Judgments--Default Judgments--Whether Supreme Court abused its discretion in not granting a default judgment; Trial--Place of Trial--Change of Venue; Supreme Court, Albany County, inter alia, held in abeyance plaintiff's motion for a default judgment and partially granted defendants' motion to dismiss the complaint; App. Div. affirmed.

LEWIS (LAQUAWN), PEOPLE v (218 AD3d 493):
2nd Dept. App. Div. order of 7/5/23; affirmance; leave to appeal granted by Wilson, Ch. J., 12/7/23; Crimes--Right to Representation Pro Se--Whether defendant's requests to proceed pro se were unequivocal; Supreme Court, Queens County, convicted defendant of robbery in the first degree, robbery in the second degree, assault in the first degree, assault in the second degree, and obstructing governmental administration in the second degree, upon a jury verdict, and imposed sentence; App. Div. affirmed.

MATTER OF ORREGO v KNIPFING (— AD3d —, 2023 NY Slip Op 05568):
3rd Dept. App. Div. order of 11/2/23; 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 exists for an appeal as of right; Workers' Compensation--Denial of application for reconsideration and/or full Board review; Workers' Compensation Board denied claimant's application for reconsideration and/or full board review; App. Div. affirmed.