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For February 3, 2023 through February 9, 2023, no preliminary appeal statements were filed.

For February 10, 2023 through February 16, 2023, the following preliminary appeal statements were filed:

A. (JUSTICE), PEOPLE v (77 Misc 3d 128[A], 2022 NY Slip Op 51150[U]):
1st Dept. App. Term order of 11/22/22; affirmance; leave to appeal granted by Garcia, J., 2/2/23; Rule 500.11 review pending; Crimes--Right to Speedy Trial-- Whether defendant's CPL 30.30 speedy trial motion was properly denied; Criminal Court, City of New York, New York County, convicted defendant of assault in the third degree and imposed sentence; App. Term affirmed.

FORECLOSURE OF TAX LIENS BY THE COUNTY OF BROOME, MATTER OF (212 AD3d 1012):
3rd Dept. App. Div. order of 1/19/23; dismissal; sua sponte examination of whether the order appealed from finally determines the proceeding within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; Liens--Foreclosure--Denial of motion to compel taxing authority to accept late payment of delinquent taxes; County Court, Broome County, in a proceeding pursuant to RPTL article 11, among other things, denied respondents' motion to compel petitioner to accept late payment of delinquent taxes; App. Div. dismissed the appeal.

THOMAS, (KEVIN L.), PEOPLE v (211 AD3d 1326):
3rd Dept. App. Div. order of 12/22/22; affirmance; leave to appeal granted by Aarons, J., 2/2/23; Crimes--Unlawful Search and Seizure--Whether police lacked justification for prolonged traffic stop; whether parole officer acted as a conduit for police in conducting vehicle search; Crimes--Evidence--Whether People's failure to produce dashcam video constituted a Brady violation; County Court, Chemung County, convicted defendant upon a plea of guilty to the crime of criminal possession of a controlled substance in the third degree and imposed sentence; County Court, Chemung County, denied defendant's motion pursuant to CPL 440.10 to vacate the judgment of conviction, without a hearing; App. Div. affirmed the order and judgment.

For February 17, 2023 through February 23, 2023, the following preliminary appeal statements were filed:

MCRAE (HILL), MATTER OF THE APPLICATION OF:
Supreme Court, New York County order to show cause of 10/7/22; granted petition; sua sponte examination of whether the appeal is timely taken, 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; Appealable Paper; Supreme Court, New York County signed the order to show cause bringing on the petition seeking continued outpatient treatment for pro se appellant.

For February 24, 2023 through March 2, 2023, the following preliminary appeal statements were filed:

BAQUE (JORGE), PEOPLE v (210 AD3d 1000):
2nd Dept. App. Div. order of 11/23/23; affirmance; leave to appeal granted by Rivera, J., 2/17/23; Crimes--Evidence--Whether Appellate Division applied the proper standard in addressing defendant's claim that verdict of guilt was against the weight of the evidence; application of "moral certainty" standard; Supreme Court, Queens County, convicted defendant, upon a jury verdict, of criminally negligent homicide and endangering the welfare of a child, and imposed sentence; App. Div. affirmed.

GRAHAM v STATE OF NEW YORK (212 AD3d 955):
3rd Dept. App. Div. order of 1/12/23; affirmance; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; Motions and Orders--Whether the courts below properly denied claimant's motion to vacate a prior order; alleged constitutional violations; Court of Claims, denied motion to vacate a prior order; App. Div. affirmed.

LAVINE v STATE OF NEW YORK (— Misc 3d —, 2023 NY Slip Op 23045):
Supreme Court, Onondaga County order of 2/9/23; granted judgment; sua sponte examination of whether a direct appeal lies under 5601(b)(2); Constitutional Law-- Whether the court properly declared that Executive Law § 94 is constitutional and that it was proper for the Independent Review Committee to reject or approve nominees in accordance with the provisions of Executive Law § 94; Supreme Court, Onondaga County, granted defendants judgment declaring that Executive Law § 94 is constitutional and that it was proper for the Independent Review Committee to reject or approve nominees in accordance with the provisions of Executive Law § 94, and dismissing plaintiffs' cause of action seeking preliminary and/or injunctive relief.

For March 3, 2023 through March 9, 2023, the following preliminary appeal statements were filed:

MATTER OF AGRAMONTE v LOCAL 461 (209 AD3d 478):
1st Dept. App. Div. order of 10/13/22; affirmance; leave to appeal granted by the Court of Appeals, 2/14/23; Labor Unions--Whether the petition, alleging violations of the unincorporated union's constitution, was properly dismissed under General Associations Law § 13 and Martin v Curran (303 NY 276 [1951]) for failure to allege that each union member ratified or authorized the alleged violations of the union constitution concerning the election of union officers; Supreme Court, New York County, among other things, granted the motion of respondent union to dismiss the amended petition seeking to annul an officer election conducted in February 2021 and to direct new elections, and dismissed the CPLR article 78 proceeding; App. Div. affirmed.

PEOPLE v MICHAEL BAY (— Misc 3d —, 2022 NY Slip Op 22413):
County Court, Cortland County order of 3/15/22; affirmance; leave to appeal granted by Troutman, J., 2/15/23; Crimes--Right to Speedy Trial--Whether the People's certificate of compliance was invalid under CPL 30.30(1) because it was filed before disclosure of all of the discovery required under CPL 245.50; whether CPL 245.50 precludes finding an illusory statement under CPL 30.30(1) based on a discovery violation; whether, in response to a CPL 30.30(1) motion to dismiss based on a discovery violation, the court may issue a discovery sanction under CPL 245.80 in lieu of dismissal; City Court, Cortland County, convicted defendant following a non- jury trial of harassment in the second degree; County Court, Cortland County, affirmed.

AH WINES v C6 CAPITAL FUNDING (208 AD3d 1623):
4th Dept. App. Div. order of 9/30/22; affirmance; leave to appeal granted by the Court of Appeals, 2/9/23; Limitations of Actions--One Year Statute of Limitations-- Whether the courts below properly dismissed the causes of action based on usury as time-barred under CPLR 215(6); whether a corporate borrower seeking to challenge a confession of judgment on usury grounds must pursue relief through a plenary action, rather than by a motion to vacate, denying the borrower the ability to assert usury as an affirmative defense; Supreme Court, Ontario County, dismissed the amended complaint; App. Div. affirmed.

MATTER OF HBC VICTOR v TOWN OF VICTOR (212 AD3d 121):
4th Dept. App. Div. order of 12/23/22; annulled determination; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Eminent Domain--Public Use--Whether petitioner met its burden of establishing that respondent's proposed taking does not rationally relate to any conceivable public purpose; App. Div. annulled the determination of respondent authorizing condemnation of certain real property owned by petitioner and granted EDPL 207 petition.

NICHOLS v HOCHUL (212 AD3d 529):
1st Dept. App. Div. order of 1/24/23; affirmance; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; Legislature--Apportionment--Whether the Constitution permits the courts below to modify constitutional deadlines to allow the Legislature (and Independent Redistricting Commission) to adopt a redrawn Assembly map, instead of a court; Supreme Court, New York County, ordered that the Independent Redistricting Commission (IRC) initiate the constitutional process for amending the New York State Assembly maps, conduct public hearings consistent with N.Y. Const, art III, §4(c), make plans, data and information available for the public to view at least 30 days prior to the first public meeting, submit to the legislature an Assembly redistricting plan or plans and implementing legislation by April 28, 2023, to be voted upon by the legislature in a single bill, ordered that if either house of the legislature failed to approve the implementing legislation, or if the Governor vetoed such legislation, that the IRC would, within 15 days and in no case later than June 16, 2023, prepare a second redistricting plan and implementing legislation, and ordered that if either the legislature failed to approve the second plan and implementing legislation, or if the Governor vetoed it, then the legislature would introduce such implementing legislation with any amendments deemed necessary; App. Div. affirmed.

PEOPLE v JUAN PADILLA-ZUNIGA (209 AD3d 770):
2nd Dept. App. Div. order of 10/12/22; affirmance; leave to appeal granted by Cannataro A.C.J., 2/10/23; Rule 500.11 review pending; Crimes--Plea of Guilty-- Whether defendant entered a knowing, voluntary, and intelligent plea; Whether defendant knowingly, voluntarily, and intelligently waived his right to appeal; Supreme Court, Nassau County, convicted defendant of aggravated unlicensed operation of a motor vehicle in the first degree, aggravated driving while intoxicated, and leaving the scene of an accident without reporting, upon his plea of guilty, and imposed sentence; App. Div. affirmed.

MATTER OF RUOTOLO v NYDHCR (211 AD3d 955):
2nd Dept. App. Div. order of 12/21/22; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Appeal--Academic and Moot Questions--Whether proceeding was properly dismissed as moot; Supreme Court, Kings County, granted respondent's motion to dismiss the CPLR article 78 proceeding and, in effect, dismissed the proceeding; App. Div. affirmed.

TAXI TOURS v GO NEW YORK TOURS (210 AD3d 451):
1st Dept. App. Div. order of 11/3/22; affirmance; leave to appeal granted by the Court of Appeals, 2/14/23; Monopolies--Donnelly Act--Whether the courts below correctly held that Go New York failed to state causes of action for violation of the Donnelly Act and tortious interference with prospective business relations; whether the courts below improperly applied the state pleading standard rather than the federal standard; whether the Donnelly Act prohibits a greater range of anti-competitive conduct than the Sherman Act; Supreme Court, New York County, granted motion by counterclaim defendant Gray Line New York Tours Inc., et al. to dismiss the counterclaim seeking recovery under the Donnelly Act and the counterclaim for tortious interference with prospective business relations; granted the motion by counterclaim defendant Big Bus Tours Limited to dismiss the counterclaims for lack of personal jurisdiction; App. Div. affirmed.

URIAS v BUTTAFUOCO & ASSOCS. (173 AD3d 1244):
Supreme Court, Suffolk County judgment of 2/22/22; dismissal; leave to appeal granted by the Court of Appeals 2/9/23; Attorney and Client--Malpractice--Whether plaintiffs' cause of action seeking damages for violation of Judiciary Law § 487 was properly dismissed; whether the exclusive remedy for violations of section 487 lies in the underlying lawsuit by moving to vacate under CPLR 5015, rather than a second plenary action; whether the courts below properly granted summary judgment; whether the courts below properly denied leave to amend; whether the cause of action alleging breach of fiduciary duty was properly dismissed as duplicative of the legal malpractice cause of action; Supreme Court, Suffolk County, denied plaintiff's motion for leave to amend the amended complaint; Supreme Court, Suffolk County, granted those branches of Buttafuoco defendants' motion which were for summary judgment dismissing the first through fifth causes of action in the amended complaint; and denied those branches of the plaintiff's cross motion which were for summary judgment on the issue of liability on the second and third causes of action; App. Div. affirmed; Supreme Court, Suffolk County, judgment in favor of Buttafuoco defendants dismissing the verified complaint insofar as asserted against them and the Buttafuoco defendants' cross claims against defendant Newman.

WEAVER v DERONDE TIRE SUPPLY (211 AD3d 1503):
4th Dept. App. Div. order of 12/23/22; affirmance; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution; Negligence--Maintenance of Premises--Whether the courts below properly granted reargument and, upon reargument, denied summary judgment; Supreme Court, Erie County, among other things, granted the motion of plaintiff for leave to reargue his opposition to the motion of defendant Estes Express Lines for summary judgment and, upon reargument, denied the motion of defendant Estes Express Lines for summary judgment dismissing the complaint and cross claims against it; App. Div., with two Justices dissenting, affirmed.