Return to New Filings Page


For March 4, 2022 through March 10, 2022 , the following preliminary appeal statements were filed:

PEOPLE v MCKENZIE-SMITH (KESEAN R.) (187 AD3d 1668):
4th Dept. App. Div. order of 10/9/20; reversal; leave to appeal granted by Wilson, J., 2/28/22; Crimes--Right to be Present at Trial--Whether defendant's absence from a sidebar conference held prior to the waiver of his rights under People v Antommarchi (80 NY2d 247 [1992]) requires a new trial; Supreme Court, Monroe County, convicted defendant upon a jury verdict of second-degree murder, first-degree robbery (three counts), and first-degree attempted robbery (two counts); App. Div. reversed and granted new trial.

MATTER OF MOORE v U.S. XPRESS (201 AD3d 1083):
3rd Dept. App. Div. order of 1/6/22; affirmance; sua sponte examination of whether any jurisdictional basis exists for the appeal; Workers' Compensation--Casual Relation--Whether substantial evidence supports the Board's determination that claimant's injuries did not arise out of and in the course of his employment and therefore were not compensable; Determination, Workers' Compensation Board ruling (8/13/20), among other things, ruled that claimant's injury did not arise out of and in the course of his employment and denied his claim for workers' compensation benefits; Determination, Workers' Compensation Board ruling (10/7/20), denied request for reconsideration or full board review; App. Div. affirmed.

For March 11, 2022 through March 17, 2022 , the following preliminary appeal statements were filed:

WRIGHT v O'LEARY (201 AD3d 1280):
3rd Dept. App. Div. order of 1/27/22; affirmance with two Justices dissenting in part; sua sponte examination of whether the dissent at the Appellate Division is on a question of law; Trial--Verdict--Whether the jury verdict was against the weight of the evidence; Supreme Court, Columbia County, upon verdict in favor of defendants Paul O'Leary and Alexandra O'Leary; Supreme Court, Columbia County, denied motion by plaintiff to set aside the verdict; App. Div. affirmed.

For March 18, 2022 through March 24, 2022 , the following preliminary appeal statements were filed:

MATTER OF CURRY-MALCOLM v NYSTRS (202 AD3d 1444, 202 AD3d 1445):
4th Dept. App. Div. orders of 2/4/22; affirmance; sua sponte examination of whether any jurisdictional basis exists for an appeal as of right; Proceeding Against Body or Officer; Supreme Court, Monroe County, in a proceeding pursuant to CPLR article 78, (1) granted the pre-answer motions to dismiss the petition brought by respondents Honeoye Falls-Lima Central School District, Rush-Henrietta Central School District, Rochester City School District, Association of Supervisors and Administrators of Rochester and Brown Hutchinson LLP; (2) dismissed the petition against respondent New York State Teachers' Retirement System; App. Div affirmed.

PARK AVENUE ASSOCIATES v NICHOLSON (200 AD3d 1436):
3rd Dept. App. Div. order of 12/23/21; affirmance; leave to appeal granted by the Appellate Division; Rule 500.11 review pending; Insurance--Liability Insurance-- Whether the cash consideration paid as part of the conversion from a mutual insurance company to a stock insurance company belongs to a physician who was a policyholder of the medical malpractice insurance policy or to the medical practice that employed the physician and paid the premiums on the policy; Contracts-- Breach or Performance of Contract--Whether allocation of proceeds from demutualization of malpractice insurance company was implied in employment agreement; Supreme Court, Broome County, among other things, granted defendant Peter Joseph Nicholson's motion for summary judgment on his counterclaim and dismissing the complaint; App. Div. affirmed and declared that defendant Peter Joseph Nicholson is solely entitled to the cash consideration from defendant Medical Liability Mutual Insurance Company's demutualization, plus interest for the time the proceeds were in escrow, and plaintiff's claim thereto is invalid.

PEOPLE v HEMPHILL (DARRELL) (595 US —, 142 S Ct 681):
U.S. Supreme Court order of 1/20/22; reversal and remand; Rule 500.11 review pending; Crimes--Harmless and Prejudicial Error--Whether the admission of evidence violating the Confrontation Clause was harmless beyond a reasonable doubt; Supreme Court, Bronx County, convicted defendant of murder in the second degree and imposed sentence; App. Div. affirmed; Court of Appeals affirmed; U.S. Supreme Court reversed and remanded for further proceedings not inconsistent with its opinion.