Return to New Filings Page


For February 1, 2019 through February 7, 2019 , the following preliminary appeal statements were filed:

PURCELL, MATTER OF v NEW YORK STATE TAX APPEALS TRIBUNAL (167 AD3d 1101):
3rd Dept. App. Div. order of 12/6/18; confirmation of determination; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Taxation--Notice of Deficiency--Whether Tax Law § 16 (f)(2)(C) requires that the income taxes attributable to a New York S corporation's out-of-state income be excluded when calculating a resident shareholder's Qualified Empire Zone Enterprise tax reduction credit; App. Div. confirmed the determination of respondent Tax Appeals Tribunal sustaining a notice of deficiency of personal income tax imposed under Tax Law article 22, and dismissed the CPLR article 78 petition.

WHEELER (DAMON), PEOPLE v (61 Misc 3d 30):
App. Term, 2nd Dept., 9th and 10th Judicial Districts order of 9/27/18; affirmance; leave to appeal granted by Rivera, J., 12/13/18; Crimes--Obstructing Governmental Administration--Whether an accusatory instrument asserting a violation of Penal Law § 190.05 must allege sufficient facts, which if true, establish that the underlying governmental function was authorized; facial sufficiency of accusatory instrument; sufficiency of evidence to prove charged offense beyond a reasonable doubt; various claims of violation of due process at trial; Middletown City Court, Orange County, convicted defendant, upon a jury verdict, of obstructing governmental administration in the second degree; App. Term affirmed.

For February 8, 2019 through February 14, 2019 , the following preliminary appeal statements were filed:

FORBES (JAMES), PEOPLE v (166 AD3d 414):
1st Dept. App. Div. order of 11/8/18; affirmance; leave to appeal granted by Wilson, J., 1/29/19; Crimes--Evidence--Hearsay Evidence--"Identity" or "modus operandi" exception to the Molineux rule--defendant convicted of two separate theft incidents in one trial--whether his identity in both incidents was "conclusively established" for purposes of the Molineux identity exception to the hearsay rule for admission of evidence of prior bad acts; whether CPL 200.20 eliminates the discretionary analysis by the trial court as to whether the probative value of the evidence outweighs the potential for prejudice to the defendant; Supreme Court, New York County, convicted defendant, upon a jury trial, of burglary in the third degree and four counts of grand larceny in the fourth degree, and sentenced him, as a persistent felony offender, to concurrent terms of 15 years to life; App. Div. affirmed.

LANG (STORM U.), a/k/a STORM U.J. LANG, a/k/a STORM LANG, PEOPLE v (165 AD3d 1584):
4th Dept. App. Div. order of 10/5/18; affirmance; leave to appeal granted by DiFiore, Ch.J., 1/31/19; Crimes--Appeal--Whether defendant's waiver of the right to appeal was valid; Crimes--Sentence--Youthful Offender--whether defendant waived or forfeited his right to challenge sentencing court's denial of youthful offender status; County Court, Genesee County, convicted defendant of two counts of sexual abuse in the first degree and sexual abuse in the second degree; App. Div. affirmed.

MAFFEI (ROBERT), PEOPLE v (165 AD3d 1173):
2nd Dept. App. Div. order of 10/24/18; affirmance; leave to appeal granted by Rivera, J., 1/31/19; Crimes--Right to Counsel--Effective Representation--Whether counsel's failure to challenge a juror who stated he was not certain he could be impartial deprived defendant of the effective assistance of counsel; whether defendant raised a "mixed claim" of ineffective assistance of counsel that should have been raised in a CPL 440.10 motion rather than on direct appeal; Supreme Court, Kings County, convicted defendant of murder in the second degree and imposed sentence; App. Div. affirmed.

MIDDLETON (DONNA), PEOPLE v:
County Court, Washington County order of 7/25/18; affirmance; leave to appeal granted by Feinman, J., 1/30/19; Crimes--Official Misconduct--Whether the information sufficiently established the "intent to obtain a benefit" element of Penal Law § 195.00 (1)--whether the acts charged fell outside defendant's "official duties"; prisons and prisoners; Fort Ann Town Court (6/1/16 transcript) convicted defendant, upon her guilty plea, of attempted official misconduct, and sentenced her to a fine and surcharge totaling $450 and a conditional discharge requiring her to stay away from all jails or prisons as either an employee or visitor; County Court affirmed.

SUTTON 58 ASSOCIATES, LLC v PILEVSKY (— AD3d —, 2019 NY Slip Op 00210):
1st Dept. App. Div. order of 1/10/19; reversal; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; United States--Federal Preemption--Whether plaintiff's state law claims are preempted by federal law; sole damages sought by plaintiff were losses resulting from the delay of a real estate project due to bankruptcy filing of two nonparty entities; Supreme Court, New York County, denied defendants' motion for summary judgment dismissing the complaint; App. Div. affirmed.