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For April 22, 2022 through April 28, 2022, the following preliminary appeal statements
were filed:
CATANIA v LIRIANO (203 AD3d 422):
1st Dept. App. Div. order of 3/3/22; 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 in the
order appealed; Pleading--Whether motion court properly denied cross motion
raising challenge to constitutionality of statute on basis of procedural defect;
whether General Associations Law § 13 is unconstitutional; Supreme Court, Bronx
County, granted defendants United Federation of Teachers Union, William Woodruff,
and Janella Hinds's motion to dismiss the intentional tort claims and the claims against
Woodruff and Hinds in their individual (as opposed to official) capacities; Supreme
Court, Bronx County, denied plaintiff's cross motion for a judgment declaring General
Associations Law § 13 unconstitutional under the federal and state constitutions; App.
Div. affirmed.
MATTER OF GORDON v NGOUN (2022 NY Slip Op 63263[U]):
2nd Dept. App. Div. order of 3/18/22; denial of motion; 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 in the
order appealed; Motions and Orders--Denial of motion for assignment of counsel;
Family Court, Queens County, denied petitioner's motion for assignment of counsel; App.
Div., inter alia, denied a motion for leave to appeal.
HARKENRIDER v HOCHUL (— AD3d —, 2022 NY Slip Op 02648):
4th Dept. App. Div. order of 4/21/22; modification; Constitutional Law--State
Constitutional Law--Whether the failure to follow redistricting procedures set forth
in the State Constitution warrants invalidation of the legislature's congressional and
state senate maps; whether there is record support for the determination of the
courts below that the district lines for congressional races were drawn with
unconstitutional partisan intent; Supreme Court, Steuben County, among other things,
granted petitioners' declaratory and injunctive relief; App. Div. modified.