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For December 21, 2018 through December 27. 2018, the following preliminary appeal statements were filed:

ALLEN, MATTER OF v ANNUCCI (164 AD3d 1581):
3rd Dept. App. Div. judgment of 9/27/18; confirmation of determination; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Prisons and Prisoners--Discipline of Inmates--Whether substantial evidence supports the determination finding petitioner guilty of violating disciplinary rules; alleged due process violation; App. Div. confirmed a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules and dismissed the CPLR article 78 petition.

McCURDY, PEOPLE ex rel. v WARDEN (164 AD3d 692):
2nd Dept. App. Div. order of 8/15/18; reversal; leave to appeal granted by Court of Appeals, 12/11/18; Crimes--Sex Offenders--Whether Department of Corrections and Community Supervision had authority to place a level three sex offender who already completed more than six months of postrelease supervision into Residential Treatment Facility where sex offender was unable to locate housing compliant with the Sexual Assault Reform Act; application of Penal Law § 70.45(3), Correction Law § 73(10), Executive Law § 259-c(14); Supreme Court, Westchester County, granted the CPLR article 78 petition to the extent of directing the New York State Department of Corrections and Community Supervision to arrange for the petitioner's transfer to the Queensboro Correctional Facility and to assign him to a wait list for a New York City Department of Homeless Services facility that is compliant with the requirements of the Sexual Assault Reform Act; App. Div. reversed, denied the petition and dismissed the proceeding.

UDEKE (SIXTUS), PEOPLE v (166 AD3d 549):
App. Term, 1st Dept., order of 4/11/18; affirmance; leave to appeal granted by Wilson, J., 12/13/18; Crimes--Plea of Guilty--Whether guilty plea was knowing and voluntary where trial court told defendant during plea allocution that he would have no right to a jury trial if the prosecution proceeded on a B misdemeanor, and did not address the issue of a right to jury trial based on his immigrant status and possible deportation upon conviction; retroactivity of People v Suazo decided 11/27/18; Criminal Court of the City of New York, New York County, convicted defendant, upon a guilty plea, of attempted criminal contempt in the second degree, and imposed sentence; App. Term affirmed.

For December 28, 2018 through January 3, 2019, the following preliminary appeal statements were filed:

CHAMBERLAIN v NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE (166 AD3d 1112):
3rd Dept. App. Div. order of 11/1/18; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Taxation--Personal Income Tax--Taxpayers who were domiciled in Connecticut and also had a residence and worked in New York City were determined to be "statutory residents" of New York State and New York City during the relevant tax periods who should have filed New York Resident Income Tax Returns without any credit for taxes paid to Connecticut--taxpayers claim that New York's residency scheme pursuant to Tax Law §§ 605(b)(1)(B), 612 and 620 violates the United States Commerce Clause as double taxation; summary judgment; Supreme Court, Albany County, among other things, granted defendants' motion for summary judgment dismissing the complaint; App. Div. affirmed.

EDELMAN v NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE (162 AD3d 574):
1st Dept. App. Div. order of 6/26/18; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Taxation--Personal Income Tax--Taxpayers who were domiciled in Connecticut and also had a residence and worked in New York State were determined to be "statutory residents" of New York State during the relevant tax periods who should have filed New York Resident Income Tax Returns without any credit for taxes paid to Connecticut on their intangible income--taxpayers claim that New York's residency scheme pursuant to Tax Law §§ 605(b)(1)(B) results in double taxation in violation of the United States Commerce Clause; dismissal and nonsuit; Supreme Court, New York County, granted defendants' motion to dismiss the complaint for failure to state a cause of action, and denied plaintiffs' motion to convert defendants' motion into a motion for summary judgment pursuant to CPLR 3211(c); App Div. affirmed.

MISTRETTA, MATTER OF v KANE (251 AD2d 418):
2nd Dept. App. Div. judgment of 6/8/98; confirmation of determination; sua sponte examination whether the appeal taken as of right was timely taken and whether a substantial constitutional question is directly involved to support an appeal as of right; Proceeding Against Body or Officer--Dismissal of Petition--CPLR article 78 proceeding brought by police officer suspended for one year; App. Div. confirmed the 7/3/97 determination of respondent Commissioner of Police of the Nassau County Police Department which, after a hearing, found that petitioner was guilty of three of five charges and specifications and suspended him from the position of Police Officer, without pay, for a period of one year, and dismissed the proceeding on the merits.

PETTUS v BOARD OF DIRECTORS, OWNERS 800 GRAND CONCOURSE:
Civil Court of the City of New York, Bronx County, decision of 12/17/18; denial of request to file claim; sua sponte examination whether any jurisdictional basis exists for an appeal as of right; Courts--Vexatious Pro Se Litigation--Small Claims Part-- Permission required to file papers; Civil Court of the City of New York, Bronx County, on proposed notice of motion requesting permission to file papers in support of a claim (after dismissal of prior claims with direction to the clerk of the court not to accept new filings by claimant without permission from the court), stated that the proposed motion fails to state any recognizable relief, and ordered that claimant may not use the Small Claims Part to prosecute the claim.

VELEZ (JOSE), PEOPLE v (164 AD3d 622):
2nd Dept. App. Div. order of 8/8/18; affirmance; leave to appeal granted by Fahey, J., 12/19/18; Crimes--Evidence--DNA Identification Tests--Whether electronic raw data underlying results of DNA test conducted by the New York City Office of the Chief Medical Examiner is discoverable in a criminal proceeding; Supreme Court, Queens County, convicted defendant, upon a jury verdict, of burglary in the second degree, petit larceny, and criminal mischief in the fourth degree, and imposed sentence; App. Div. affirmed.