Return to New Filings Page


For February 26, 2021 through March 4, 2021, the following preliminary appeal statements were filed:

BATAVIA TOWNHOUSES, LTD. v COUNCIL OF CHURCHES HOUSING DEVELOPMENT FUND COMPANY, INC. (189 AD3d 20):
4th Dept. App. Div. order of 10/2/20; modification; leave to appeal granted by Court of Appeals, 2/18/21; Limitation of Actions--Revival of Time-Barred Claims-- Whether mortgage is unenforceable on the ground that the statute of limitations had expired; application of General Obligations Law §§ 17-101 and 17-105; Supreme Court, Genesee County, inter alia, denied defendant's motion for summary judgment and granted plaintiffs' cross motion for summary judgment; App. Div. modified, by remitting the matter to Supreme Court, Genesee County, for entry of a judgment, and as so modified, affirmed.

GUEVARA (JOSE), PEOPLE v (189 AD3d 455):
1st Dept. App. Div. order of 12/3/20; affirmance; leave to appeal granted by Gesmer, J., 12/23/20; Rule 500.11 review pending; Crimes--Evidence--Whether trial court's error in allowing People to introduce photographs taken by police of an M9 bayonet found in a collection of knives in defendant's bedroom was harmless; whether the exclusion of defense counsel from defendant's psychiatric examination by the People's expert constituted harmless error; Supreme Court, New York County, convicted defendant of manslaughter in the first degree and imposed sentence; App. Div. affirmed.

PELTAN v CISLER:
Supreme Court, Erie County, order of 1/15/21; sua sponte examination of whether any jurisdictional basis exists for an appeal as of right; Husband and Wife and Other Domestic Relationships--Divorce; Supreme Court, inter alia, awarded equitable distribution of the parties' assets.

STATE OF NEW YORK, MATTER OF v JOSEPH R. (189 AD3d 2126):
4th Dept. App. Div. order of 12/23/20; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Constitutional Law--Due Process of Law--Whether speedy trial protections afforded to criminal defendants at trial and juveniles in delinquency proceedings under the Equal Protection Clause and Due Process Clause of the Constitution also apply to persons civilly confined pursuant to Mental Hygiene Law article 10; Supreme Court, Oneida County, in a proceeding pursuant to Mental Hygiene Law article 10, determined, following a nonjury trial, that respondent is a dangerous sex offender requiring confinement, and committed him to a secure treatment facility; App. Div. affirmed.

THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, SERVANT: XIU JIAN SUN v NORTHWELL HEALTH, LONG ISLAND JEWISH MEDICAL CENTER (2020 NY Slip Op 72720[U]; 2021 NY Slip Op 61140[U]):
1st Dept. App. Div. orders of 10/8/20 and 2/2/21; 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; Motions and Orders; App. Div. denied plaintiff's motion to vacate the dismissal of the appeal from a 1/6/20 Supreme Court order, for an extension of time in which to perfect same, for leave to prosecute the appeal as a poor person, and for related relief; thereafter, motion deemed one for reargument of the court's prior 10/8/20 order, denied.