Return to New Filings Page


For December 9, 2022 through December 15, 2022, the following preliminary appeal statements were filed:

MATTER OF COLON v TEACHERS' RETIREMENT SYSTEM (209 AD3d 579):
1st Dept. App. Div. order of 10/25/22; reversal; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right in the order appealed; Civil Service—Retirement and Pension Benefits--Whether the May 2020 amendments to the Retirement and Social Security Law enacted in response to the COVID-19 pandemic (see Retirement and Social Security Law former § 607-I, as added by L 2020, ch 89, § 4), are unconstitutional under the New York State Constitution; whether petitioner was entitled to ordinary death benefits under the statute; whether respondent retirement system properly suspended petitioner's application for ordinary death benefits prior to receiving an application for accidental death benefits; Supreme Court, New York County, in a proceeding brought under CPLR article 78, granted the petition to annul respondent's August 10, 2020 determination, which denied petitioner's application for ordinary death benefits under the decedent's pension plan, to the extent of directing respondent to pay the ordinary death benefits to petitioner and to recalculate the accidental death benefits to the decedent's statutory beneficiary; App. Div. reversed, denied petition, and dismissed proceeding.

MATTER OF JAIME v CITY OF NY (205 AD3d 544):
1st Dept. App. Div. order of 5/19/22; affirmance; leave to appeal granted by the Court of Appeals, 11/22/22; Municipal Corporations--Notice of Claim--When determining whether to grant a petition for leave to serve a late notice of claim under General Municipal Law § 50-e(5), whether "actual knowledge of the essential facts constituting the claim" may be properly imputed to a municipality because its employees are alleged to have committed an intentional tort or witnessed an unintentional tort; Supreme Court, Bronx County, granted the petition for leave to file a late notice of claim, App. Div. affirmed.

MATTER OF OROZCO v CITY OF NY (200 AD3d 559):
1st Dept. App. Div. order of 12/16/21; affirmance; leave to appeal granted by the Court of Appeals 11/22/22; Municipal Corporations--Notice of Claim--When determining whether to grant a petition for leave to serve a late notice of claim under General Municipal Law § 50-e(5), whether "actual knowledge of the essential facts constituting the claim" may be properly imputed to a municipality because its employees are alleged to have committed an intentional tort; Supreme Court, New York County, granted the petition for leave to file a late notice of claim; App. Div. affirmed.

For December 16, 2022 through December 22, 2022, the following preliminary appeal statements were filed:

BUCZEK v TOWN OF EVANS (— AD3d —, 2022 NY Slip Op 06363):
4th Dept. App. Div. order of 11/10/22; affirmance; sua sponte examination of whether any jurisdictional basis exists for an appeal as of right; Torts--Malicious Prosecution; Civil Rights--Federal Civil Rights; Supreme Court, Erie County, inter alia, dismissed plaintiff's complaint; App. Div. affirmed.

PEOPLE EX REL. HOLLOWAY v SUPERINTENDENT:
Supreme Court, Duchess County order of 8/24/22; denial of application; sua sponte examination of whether a direct appeal lies from the Supreme Court judgment pursuant to CPLR 5601 (b)(2); Habeas Corpus--When remedy available; Supreme Court, Duchess County denied the application for a writ of habeas corpus and dismissed the petition.

MATTER OF KARLIN v STANFORD (209 AD3d 1189):
3rd Dept. App. Div. order of 10/27/22; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Parole--Revocation--Whether condition of parole supervision, which required petitioner to refrain from viewing and accessing materials depicting sexual activity or nudity, is unconstitutionally overbroad and violates petitioner's First Amendment rights; Supreme Court, Albany County dismissed petitioner's CPLR article 78 application to review a determination of the Board of Parole finding that petitioner had violated the conditions of his postrelease supervision and imposing a 22-month hold; App. Div. affirmed.

MANKO v SHOREFRONT APARTMENTS (2022 NY Slip Op 73574[U]):
2nd Dept. App. Div. order of 10/26/22; denied motion; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution and of whether any jurisdictional basis exists for an appeal as of right; Appeal--Matters Appealable; App. Div. denied a motion, inter alia, to vacate the dismissal of an appeal and, in effect, to enlarge the time to perfect the appeal from an order of Supreme Court, Kings County, dated April 29, 2011.

MATTER OF ORREGO v KNIPFING (2022 NY Slip Op 74564[U]):
3rd Dept. App. Div. order of 11/10/22; denied motion; sua sponte examination of whether the order appealed from finally determines the proceeding within the meaning of the Constitution and of whether any jurisdictional basis exists for an appeal as of right; Workers' Compensation--Denial of motion seeking preliminary injunction; App. Div. denied a motion for a preliminary injunction and for further relief.

MATTER OF ROMINE v PSC (209 AD3d 1197):
3rd Dept. App. Div. order of 10/27/22; affirmance; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution and of whether any jurisdictional basis exists for an appeal as of right; Judgments--Vacatur of Judgment--Denial of motion to vacate judgment in proceeding challenging determination of Public Service Commission; Supreme Court, Albany County, denied petitioner's motion to vacate a prior judgment of the court; App. Div. affirmed.

MATTER OF TAYLOR v TAYLOR:
Family Court, Suffolk County order of 8/30/22; dismissal; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution and of whether any jurisdictional basis exists for an appeal as of right; Parent, Child and Family; Family Court, Suffolk County dismissed petition for failure to prosecute.

TAYLOR v TAYLOR (2022 NY Slip Op 70071[U]):
2nd Dept. App. Div. order of 8/17/22; dismissal; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution and of whether any jurisdictional basis exists for an appeal as of right; Husband and Wife and Other Domestic Relationships; Supreme Court, Suffolk County granted husband sole responsibility for transporting their two children to summer camp, temporarily granted husband decision-making authority regarding the health and education of the children "until further order of this Court" and enjoined both parties from making "further applications" within the pending litigation without obtaining prior permission from the court; App. Div. dismissed the appeal.