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For March 31, 2023 through April 6, 2023, the following preliminary appeal statements were filed:

MATTER OF CLAIM OF TIMPERIO (203 AD3d 179):
3rd Dept. App. Div. order of 2/3/22; reversal; leave to appeal granted by the Court of Appeals on 3/21/23; Workers' Compensation--Exclusiveness of Remedy--Whether injury arose out of and in the course of employment; claimant medical resident injured in mass shooting perpetrated by former employee of hospital; Workers' Compensation Board ruled, among other things, that claimant sustained an injury arising out of and in the course of employment; App. Div. reversed and remitted the matter to the Workers' Compensation Board for further proceedings.

For April 7, 2023 through April 13, 2023, the following preliminary appeal statements were filed:

AUDTHAN v NICK & DUKE (211 AD3d 419):
1st Dept. App. Div. order of 12/6/22; affirmance; leave to appeal granted by the Appellate Division, 3/16/23; Landlord and Tenant--Whether the courts below properly dismissed tenant's claim for breach of contract premised on the theory of repudiation; whether section 33.09 of the lease operates to foreclose the tenant from seeking monetary damages for the landlord's refusal to enter into a cure agreement; whether the courts below properly held that tenant may not seek attorneys' fees as damages for the notices of termination the landlord allegedly served in bad faith; whether tenant sufficiently stated a cause of action for breach of the covenant of quiet enjoyment; whether the tenant's remedy for the landlord's refusal to enter into a cure agreement is limited to injunctive relief; whether tenant sufficiently stated a cause of action for the return of its security deposit; Supreme Court, New York County, granted in part and denied in part the motion of defendant landlord to dismiss the third amended complaint; App. Div., with Justices dissenting, affirmed.

CASTILLO (JAIRO), PEOPLE v (210 AD3d 414):
1st Dept. App. Div order of 11/1/22; affirmance; leave to appeal granted by Wilson, Ch.J., 3/16/23; Crimes--Justification--Whether defendant's request for a justification charge was properly denied; whether the trial court abused its discretion by curtailing the cross-examination of an alleged eyewitness and not declaring a detective a hostile witness; whether defendant's motion to dismiss the indictment on grounds of grand jury perjury was properly denied; Supreme Court, Bronx County, convicted defendant, after a jury trial, of murder in the second degree and criminal possession of a weapon in the second degree, and sentenced him to an aggregate term of 15 years to life; App. Div. affirmed.

DUNTON (COREY), PEOPLE v (2022 NY Slip Op 68332[U]):
1st Dept. App. Div. order of 7/5/22; granted writ; leave to appeal granted by Wilson, Ch.J., 3/31/23; Crimes--Right to be Present at Trial--Whether the Appellate Division erred in granting defendant's coram nobis application based on appellate counsel's failure to argue that the court's removal of defendant from the courtroom during the reading of the verdict on the last charge and jury polling, without first issuing a warning, violated defendant's constitutional right to be present; Supreme Court, New York County, convicted defendant, following a jury trial, of attempted murder in the first degree, assault in the first degree (two counts), criminal possession of a weapon in the second degree (two counts), assault in the second degree and reckless endangerment in the first degree, and sentenced him to an aggregate term of 25 years; App. Div. granted application for writ of error coram nobis on the ground of ineffective assistance of counsel, reversed the judgment, and ordered a new trial.

MATTER OF IBM v TAX APPEALS TRIBUNAL (214 AD3d 1125):
3rd Dept. App. Div. order of 3/16/23; confirmed determination; Taxation-- Franchise Tax of a Business Corporation--Whether petitioner properly deducted royalty payments received from its foreign affiliates under Tax Law § 208; whether Tax Law § 208 violates the dormant Commerce Clause of the U.S. Constitution; Tax Appeals Tribunal, State of New York, inter alia, sustained a notice of deficiency of corporate franchise tax imposed under Tax Law article 9-A; App. Div. confirmed the determination and dismissed the CPLR article 78 petition.

MATTER OF PLSNY v DOCCS (209 AD3d 1208):
3rd Dept. App. Div. order of 10/27/22; affirmance; leave to appeal granted by the Court of Appeals, 3/21/23; Records--Freedom of Information Law--Whether the Appellate Division erred in declining to apply the mootness exception to reach the merits of the portion of the petition challenging the application of Freedom of Information Law exemptions to certain materials when respondent Department of Corrections and Community Supervision disclosed those materials during the pendency of the proceeding; Supreme Court, Albany County, dismissed petitioner's application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to review a determination of respondent denying petitioner's Freedom of Information Law requests; App. Div. affirmed.

WATTS (DARRYL), PEOPLE v (210 AD3d 595):
1st Dept. App. Div. order of 11/29/22; affirmance; Crimes--Sex Offenders-- Whether defendant was denied due process when SORA hearing court denied request to hold a competency hearing prior to the risk level classification hearing; Supreme Court, Bronx County, adjudicated defendant a risk level two sexually violent offender pursuant to the Sex Offender Registration Act; App. Div. affirmed.

For April 14, 2023 through April 20, 2023, the following preliminary appeal statements were filed:

COLT v NEW JERSEY TRANSIT (206 AD3d 126):
1st Dept. App. Div. order of 5/24/22; affirmance; leave to appeal granted by the Appellate Division 3/30/23; State--Sovereign Immunity--Whether defendants were immune from suit in New York under the doctrine of sovereign immunity; Supreme Court, New York County, denied defendants' motion to dismiss the action; App. Div., with two Justices dissenting, affirmed.

FISHER (KENNETH E.), PEOPLE v (212 AD3d 984):
3rd Dept. App. Div. order of 1/19/23; affirmance; leave to appeal granted by Rivera, J., 4/3/23; Crimes--Jurors--Whether the trial court properly denied defendant's motion for a mistrial under CPL 270.35 when a juror indicated she believed defendant may have followed her home during jury selection and other jurors feared for their safety; whether the court conducted a sufficient inquiry of the juror under People v Buford (69 NY2d 290 [1987]); County Court, Chemung County, upon a verdict convicting defendant of the crime of criminal sale of a controlled substance in the third degree (three counts); App. Div. with two Justices dissenting in part, affirmed.

For April 21, 2023 through April 27, 2023, the following preliminary appeal statements were filed:

MATTER OF VASHTI M. (214 AD3d 1335):
4th Dept. App. Div order of 3/17/23; affirmance; sua sponte examination of whether any jurisdictional basis exists for an appeal as of right; Parent and Child-- Abused or Neglected Child; Family Court, Erie County, in a proceeding pursuant to Family Court Act article 10, among other things, determined that respondent neglected the subject child; App. Div. dismissed appeal insofar as it concerns the disposition and affirmed.

For April 28, 2023 through May 4, 2023, the following preliminary appeal statements were filed:

BANK OF NEW YORK MELLON v GAMBINO (212 AD3d 756):
2nd Dept. App. Div. order of 1/25/23; 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; Mortgages--Foreclosure--Denial of motion to set aside foreclosure sale; Supreme Court, Suffolk County, denied those branches of the motion of nonparty Armand Retamozzo which were the set aside the foreclosure sale of the subject property and, in effect, to compel the referee to accept his bid for the purchase of the subject property; App. Div. affirmed insofar as appealed from.

PETERS (TYRONE), PEOPLE v (198 AD3d 987):
2nd Dept. App Div. order of 10/27/21; denied application for writ of error coram nobis; leave to appeal granted by Wilson, Ch.J., 3/3/23; Crimes--Right to Counsel-- Whether defendant was denied the effective assistance of appellate counsel; App. Div. denied the application for a writ of error coram nobis to vacate on the ground of ineffective assistance of appellate counsel, a decision and order of the Appellate Division dated August 8, 2012, affirming a judgment of Supreme Court, Kings County, rendered July 23, 2004.