Return to New Filings Page


For March 19, 2021 through March 25, 2021, the following preliminary appeal statements were filed:

DUARTE (VLADIMIR), PEOPLE v (69 Misc 3d 148[A], 2020 NY Slip Op 51435[U]):
App. Term, 1st Dept. order of 11/27/20; affirmance; leave to appeal granted by Rivera, J., 3/3/21/; Crimes--Right to Representation Pro Se--Whether defendant made a clear and unequivocal request to proceed pro se that would trigger the need for a fully inquiry by the court (see People v McIntyre, 36 NY2d 10 [1974]); whether defendant abandoned his request to represent himself; New York City Criminal Court, New York County, convicted defendant, after a nonjury trial, of forcible touching and sexual abuse in the second degree; App. Term affirmed.

DUKES (KEVIN A.), PEOPLE v (186 AD3d 1073):
4th Dept. App. Div. order of 8/20/20; affirmance with two-Justices dissenting; leave to appeal granted by Court of Appeals, 2/18/21; Rule 500.11 rule pending; Crimes- -Sex Offenders--Whether the court erred in relying on the facts underlying two juvenile delinquency adjudications contained within defendant's presentence report to grant an upward departure when it was not established that the underlying facts were admissible under Family Court Act § 381.2(1); County Court, Monroe County, classified defendant as a level three risk pursuant to the Sex Offender Registration Act (SORA); App. Div. affirmed.

HEALY v EST DOWNTOWN, LLC, c/o FIRST AMHERST DEVELOPMENT GROUP (191 AD3d 1274):
4th Dept. App. Div. order of 2/5/21; affirmance; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution; Labor--Safe Place to Work--Whether plaintiff was engaged in an activity protected by Labor Law 240 when he fell from a ladder; App. Div. (amended order) denied in part defendant's motion for summary judgment and granted plaintiff's motion for partial summary judgment; and thereafter, affirmed.

MURRAY (HASAHN D.), PEOPLE v (189 AD3d 688):
1st Dept. App. Div. order of 12/29/20; affirmance; leave to appeal granted by Renwick, J., 2/1/21; Rule 500.11 review pending; Crimes--Jurors--Whether an alternate juror who had been discharged and gone home was "available for service" under CPL 270.35(1) to replace a seated juror who had been discharged; Supreme Court, New York County, convicted defendant, after a jury trial, of two counts of robbery in the second degree and assault in the second degree, and sentenced him, as a second violent felony offender, to an aggregate term of 12 years; App. Div. affirmed.

REIS v J.B. KAUFMAN REALTY CO., LLC (181 AD3d 740):
2nd Dept. App. Div. order of 3/11/20; reversal; leave to appeal granted by Court of Appeals, 2/18/21; Rule 500.11 review pending; Landlord and Tenant--Lease--Whether the parties' 2021 letter agreement containing a commercial lease renewal provision was an unenforceable agreement to agree; Supreme Court, Queens County, denied those branches of defendants' motion for summary judgment declaring that the subject lease expired on 2/29/16, and to cancel a notice of pendency filed by the plaintiff; App. Div. (1) reversed, (2) granted those branches of defendants' motion for summary judgment declaring that the subject lease expired on 2/29/16, and to cancel the notice of pendency filed by the plaintiff, and (3) remitted to Supreme Court for entry of judgment, inter alia, declaring that the subject lease expired on 2/29/16.

ROMUALDO (FERNANDO), PEOPLE v (188 AD3d 928):
2nd Dept. App. Div. order of 11/12/20; reversal; leave to appeal granted by Roman, J., 12/9/20; Rule 500.11 review pending; Crimes--Verdict--Sufficiency of the Evidence--Whether the verdict convicting defendant of murder in the second degree was supported by legally sufficient evidence; whether the verdict was against the weight of the evidence; County Court, Suffolk County, convicted defendant of murder in the second degree and imposed sentence; App. Div. reversed, dismissed the indictment and remitted the matter to Supreme Court for further proceedings consistent with CPL 160.50.

VENDETTI v ZYWIAK (191 AD3d 1268):
4th Dept. App. Div. order of 2/5/21; reversal; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Civil Rights--Federal Civil Rights Claim--Whether defendants' conduct rendered them liable under 42 USC § 1983 for retaliation predicated on violations of the First Amendment; Supreme Court, Oneida County, awarded plaintiff money damages upon a jury verdict and awarded plaintiff attorneys' fees; App. Div. reversed, granted the motion for a directed verdict, vacated the award of attorneys' fees and dismissed the second amended complaint.

For March 26, 2021 through April 1, 2021, the following preliminary appeal statements were filed:

BLANDFORD (REGINALD), PEOPLE v (190 AD3d 1033):
3rd Dept. App. Div. order of 1/7/21; affirmance; leave to appeal granted by Clark, J., 3/5/21; Rule 500.11 review pending; Crimes--Unlawful Search and Seizure-- Whether there is record support for the determination that the police had a founded suspicion that criminality was afoot, justifying an extension of the traffic stop and a canine search of the vehicle's exterior; County Court, Chemung County, convicted defendant, upon his guilty plea, of second degree attempted criminal possession of marihuana; App. Div. affirmed.

4ALEXF JY L.P. v BILAL (2021 NY Slip Op 63984[U]):
2nd Dept. App. Div. order of 3/25/21; denial of application; sua sponte examination of whether any jurisdictional basis exists for an appeal as of right; Motions and Orders--Denial of CPLR 5704 application; Supreme Court, Queens County, declined to sign a proposed order to show cause; App. Div. denied the application pursuant to CPLR 5704(a).

GILLIAM v DISCOVER BANK (— AD3d —, 2021 NY Slip Op 01824):
3rd Dept. App. Div. order of 3/25/21; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Judgments--Enforcement--Whether the documentary evidence utterly refuted plaintiff's claims alleging that defendants failed to comply with CPLR 5222- a when restraining a bank account held jointly with plaintiff and his spouse; whether Supreme Court properly held that it could not overrule a court of coordinate jurisdiction and vacate the underlying judgment rendered in a separate action against the spouse; alleged constitutional violations; Supreme Court, Sullivan County, granted defendants' motions to dismiss the complaint; App. Div. affirmed.

HARGROVE (TYJHE), PEOPLE v (186 AD3d 855):
2nd Dept. App. Div. order of 8/26/20; affirmance; leave to appeal granted by Wilson, J., 2/25/21; Rule 500.11 review pending; Crimes--Sentence--Whether the sentencing court erred in failing to make a finding on the record as to defendant's eligibility for a youthful offender adjudication; Supreme Court, Kings County, convicted defendant, upon a guilty plea, of criminal possession of a weapon in the second degree; App. Div. affirmed.

MANKO v SHOREFRONT APARTMENTS, LLC (2020 NY Slip Op 71557[U]):
2nd Dept. App. Div. order of 9/14/20; 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. inter alia, denied a motion to recall and vacate a decision and order on motion of that court dated 5/15/12.

STATE OF NEW YORK v FRANCISCO R. (ANONYMOUS) (191 AD3d 989):
2nd Dept. App. Div. order of 2/24/21; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Crimes--Sex Offenders--Civil Commitment or Supervision--Whether Supreme Court erred in allowing expert witness to give hearsay basis testimony; alleged due process and confrontation clause violations; Supreme Court, Westchester County, granted the Mental Hygiene Law article 10 petition and directed appellant to be committed to a secure treatment facility until such time as he no longer requires confinement.