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For April 16, 2021 through April 22, 2021 , the following preliminary appeal statements were filed:

MATTER OF DAGAN B. (192 AD3d 1458):
4th Dept. App. Div. order of 3/19/21; affirmance and dismissal of appeals; sua sponte examination of whether the orders appealed from finally determine the proceeding and whether any basis exists for the appeal taken as of right; Parent, Child and Family-- Whether respondent's parental rights were properly terminated; Family Court, Ontario County, in a proceeding pursuant to Family Court Act article 10, among other things, continued the subject child's placement with petitioner until the completion of the next permanency hearing (8/8/18 order); thereafter, among other things, continued the subject child's placement with petitioner until the completion of the next permanency hearing (12/6/18 order); and thereafter, in a proceeding pursuant to Social Services Law § 384-b, among other things, terminated respondent's parental rights with respect to the subject child (9/11/19 order); App. Div. affirmed 9/11/19 order and dismissed the appeals from the 8/8/18 and 12/6/18 orders.

GESMER, MATTER OF v ADMINISTRATIVE BOARD OF THE NEW YORK STATE UNIFIED COURT SYSTEM (— AD3d —, 2021 NY Slip Op 01376):
3rd Dept. App. Div. order of 3/9/21; modified and affirmance; Judges-- Certification of Retired Justice to Remain in Office--Whether Supreme Court properly annulled the determination of respondent Administrative Board of the New York State Unified Court System denying certification to 46 of 49 elected Supreme Court Justices who had reached the mandatory retirement age of 70 or more as of December 31, 2020, and who had applied for certification for a two-year period (see N. Y. Const, art VI, § 25[b]; Judiciary Law § 115[1]); Supreme Court, Suffolk County, denied respondents' motion to dismiss the petition/complaint (12/11/20 order); and thereafter, partially granted petitioner's application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to annul a determination of respondent Administrative Board of the New York State Unified Court System denying certification for certain appellate Supreme Court justices; App. Div. 1) dismissed the appeal from the 12/11/20 order, and 2) modified the judgment by reversing so much thereof as partially granted the petition and annulled the determination of respondent Administrative Board of the New York State Unified Court System; dismissed the petition to that extent, and declared that petitioners have not established a violation of N.Y. Constitution, article VI, §§ 4(e) and 25(b), Judiciary Law § 115 or Executive Law article 15; and as so modified, affirmed.

LIUNI, MATTER OF v GANDER MOUNTAIN (188 AD3d 1403):
3rd Dept. App. Div. order of 11/12/20; affirmance; leave to appeal granted by Court of Appeals, 3/25/21; Workers' Compensation--Award--Whether an award of workers' compensation benefits for a schedule of loss of use attributable to an injury to one part of a qualifying limb must be offset by a prior award for an injury involving a different part of the same qualifying limb; Workers' Compensation Board, ruled that claimant was entitled to a 5 percent schedule loss of use of his left arm; App. Div. affirmed.

MATTER OF LONG (A SUSPENDED ATTORNEY) (191 AD3d 1234):
3rd Dept. App. Div. order of 2/25/21; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Attorney and Client--Disciplinary Proceedings; App. Div., suspended respondent from the practice of law indefinitely, pending final resolution of disciplinary proceedings in the State of Oregon.

MARTIN v TOTAL REALTY ASSOCIATION, INC. (2021 NY Slip Op 63348[U]):
2nd Dept. App. Div. order of 3/22/21; denied motion to dismiss; sua sponte examination on whether the order appealed from finally determines the proceeding and whether any basis exists for the appeal taken as of right; Motions and Orders; App. Div. denied as academic respondent's motion to dismiss an appeal as untimely taken.

For April 23, 2021 through April 29, 2021 , the following preliminary appeal statements were filed:

F.F. v STATE OF NEW YORK (194 AD3d 80):
3rd Dept. App. Div. order of 3/18/21; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Constitutional Law--Whether New York State's repeal of the religious exemption to its childhood vaccination requirement (see Public Health Law § 2164), violates the First Amendment or article I, section 3 of the New York State Constitution; Supreme Court, Albany County, among other things, granted defendants' motion to dismiss the complaint; App. Div. affirmed.

SIMON v FRANCINVEST, S. A. (192 AD3d 565):
1st Dept. App. Div. order of 3/23/21; affirmance and modification; 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; Corporations--Shareholders' Derivative Action--alleged constitutional violations; Supreme Court, New York County, granted the motions of defendants French-American Surgery Center, Inc. (FASC), French American Clinic, Inc. (FAC), Jean-Francois Simon (Francois), George Kessler, and Lynn Rosenberg to dismiss the claims against them in the third amended complaint pursuant to CPLR 3211, and denied plaintiff's cross motion for partial summary judgment; and thereafter, among other things, denied plaintiff's motion to renew; App. Div. affirmed the 11/14/19 order and modified the 4/13/20 order to grant so much of the plaintiff's motion to renew as was based on the Appellate Division's December 2019 decision in a prior appeal (Simon v FranInvest, S.A., 178 AD3d 436 [1st Dept. 2019]) and, upon renewal, denied defendant Kessler's motion to dismiss the eleventh cause of action (the double derivative claim for aiding and abetting fraud), and otherwise affirmed the 4/13/20 order.

U.S. BANK NATIONAL ASSOCIATION v ROBERT L. GORDONS, LLC (192 AD3d 612):
1st Dept. App. Div. order of 3/25/21 order; reversal, sua sponte examination of 1) whether the App. Div. order grants a new trial or hearing within the meaning of the CPLR 5601(c) and 2) whether the stipulation for judgment absolute is illusory; Limitation of Actions--Tolling--Whether this action, commenced after the expiration of the applicable limitations period, was rendered timely by virtue of the tolling provision of CPLR 205(a); Supreme Court, New York County, among other things, granted the motion of defendant Robert L. Gordons LLC for summary judgment dismissing the complaint; App. Div. reversed, denied the motion of defendant Robert L. Gordons LLC for summary judgment dismissing the complaint, and remanded the matter for consideration of plaintiff's motion for summary judgment and an order reference on its claim seeking to foreclose on a mortgage.

WILLIAMS, PEOPLE ex rel. v BRANN (186 AD3d 654):
2nd Dept. App. Div order and judgment of 8/13/20; sua sponte examination of whether any jurisdictional basis exists for an appeal as of right; Habeas Corpus--When Remedy Appropriate; App. Div. inter alia, sustained the writ of habeas corpus to the extent of reducing bail on Queens County Indictment No. 30/2020.

For April 30, 2021 through May 5, 2021 , the following preliminary appeal statements were filed:

DELGADO v STATE OF NEW YORK (194 AD3d 98):
3rd Dept. App. Div. order of 3/18/21; modification; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Constitutional Law--Validity of Statute--Whether Part HHH of Chapter 59 of the Laws of 2018 violates the New York State Constitution; Supreme Court, Albany County, partially granted defendants' motion to dismiss the amended complaint; App. Div. modified, by declaring that the Laws of 2018, chapter 59, § 1, part HHH had not been shown to be unconstitutional.

HILGREEN v POLLARD EXCAVATING, INC. (— AD3d —, 2021 NY Slip Op 02031):
3rd Dept. App. Div. order of 4/1/21; reversal with two-Justice dissenting; sua sponte examination of whether the order appealed from finally determines the third-party action within the meaning of the Constitution; Pleading--Sufficiency of Pleading-- Whether the second amended third-party complaint stated a cause of action for reformation based on mutual mistake; Supreme Court, Albany County, denied a motion by third-arty defendant Central Mutual Insurance Company to dismiss the second amended third-party complaint against it; App. Div. reversed, granted the motion by third- party defendant Central Mutual Insurance Company, and dismissed the second amended third-party complaint against third-party defendant Central Mutual Insurance Company.

NYCTL 1998-2 TRUST v DR 226 HOLDINGS, LLC (192 AD3d 900):
2nd Dept. App. Div. order of 3/17/21; affirmance; sua sponte examination 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; Landlord and Tenant--Rent Regulation--Whether defendant sustained his burden of proving succession rights to the rent-stabilized apartment; alleged unconstitutional taking; Supreme Court, Kings County, denied the motion of nonparty AdelphiF, LLC, pursuant to RPAPL 221 for a writ of assistance to put it into possession of a certain apartment unit and determined that defendant Warren Johnson had succession rights to the rent-stabilized apartment; App. Div. affirmed.