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For April 26, 2024 through May 2, 2024, the following preliminary appeal statements were filed:

BEHLER v TAO (— AD3d —, 2024 NY Slip Op 01337):
1st Dept. App. Div. order of 3/14/24; affirmance; Contracts--Breach or Performance of Contract--Whether oral exit opportunity agreement between plaintiff investor and defendant, controlling member of LLC, was superseded by amended LLC agreement entered into unilaterally by defendant; Promissory Estoppel--Whether plaintiff sufficiently pleaded cause of action for promissory estoppel; Supreme Court, New York County, granted defendant's motion to dismiss the complaint; App. Div. affirmed.

MATTER OF RM v CM (— AD3d —, 2024 NY Slip Op 01545):
2nd Dept. App. Div. order of 3/20/24; reversal; sua sponte examination of whether the order appealed from finally determines the proceeding within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; Statutes--Validity of Statute--Whether CPLR article 63-A, relating to extreme risk protection orders prohibiting a person from purchasing, possessing, or attempting a purchase a firearm, rifle, or shotgun under certain circumstances, is unconstitutional; Supreme Court, Orange County, in a proceeding for an extreme risk protection order pursuant to CPLR article 63-A, granted respondent's motion for a declaration that CPLR article 63-A is unconstitutional, declared that CPLR article 63-A is unconstitutional, and dismissed the petition; App. Div. reversed, denied respondent's motion, reinstated the petition, remitted to Supreme Court for further proceedings on the petition and entry of judgment, among other things, declaring that CPLR article 63-A is constitutional.

ROSBAUGH et al v TOWN OF LODI (225 AD3d 1314):
4th Dept. App. Div. order of 3/22/24; modification; Arbitration--Whether the award of treble damages against the town under Real Property Actions and Proceedings Law section 861 violates public policy and law prohibiting exemplary damages against municipalities; Supreme Court, Seneca County, in a proceeding under CPLR article 75 and action for money damages, confirmed an arbitrator's award and awarded petitioners-respondents-plaintiffs money damages against respondent-petitioner-defendant Town of Lodi; App. Div. with two Justices dissenting, modified judgment by striking from the second decretal paragraph the language "the date of the commencement of the within action, to wit: November 23, 2011 under index #45717, as computed by the Clerk in the amount of $13,443.48 per year," and substituted therefor the language "the date of the arbitrator's award" and, as so modified, affirmed.

TUCKETT v STATE OF NEW YORK (222 AD3d 1348):
4th Dept. App. Div. order of 12/22/23; affirmance; State--Unjust Conviction and Imprisonment Act--Whether the trial court improperly relied on documents and facts not in evidence in rendering its decision; whether, when evaluating the claim under the Unjust Conviction Act, the trial court erred in determining that the complainant's recantation was unconvincing; whether claimant is entitled to judgment in his favor; Court of Claims, dismissed claim; App. Div., with two Justices dissenting, affirmed.

For May 3, 2024 through May 9, 2024, the following preliminary appeal statements were filed:

BURROWS v 75-25 153rd STREET (215 AD3d 105):
APL-2024-00048 Supreme Court, New York County judgment of 12/5/23; leave to appeal granted by the Court of Appeals, 4/25/24; Landlord and Tenant-Rent Regulation--Whether a tenant must establish the elements of common law fraud to prevail in a rent overcharge case, or fraud within the context of Thornton/Grimm/Conason; whether the Housing Stability and Tenant Protection Act required renewal of a pre-HSTPA rent concession; whether L. 2023, ch. 760 and L. 2024 ch. 95 require reversal; Supreme Court, New York County, denied defendant's motion to dismiss the complaint; App. Div. reversed and granted motion to dismiss; Supreme Court, New York County, upon a stipulation discontinuing defendant's counterclaim for attorney's fees, dismissed.

PEOPLE v FUENTES (HENRY) (81 Misc 3d 136[A], 2023 NY Slip Op 51399[U]):
APL-2024-00052 2nd Dept. App. Term order of 12/14/23; reversal; leave to appeal granted by Singas, J., 4/30/24; Crimes--Disclosure--Whether defendant's statutory right to a speedy trial was violated where People filed initial and supplemental certificates of compliance and statements of readiness before disclosing contents of Internal Affairs Bureau files for law enforcement officer who the People intended to call as a trial witness (see CPL 245.20 [1] [k] [iv]); Suffolk District Court, 1st Dist., granted defendant's motion for an order finding the initial and supplemental certificates of compliance invalid and, upon such a finding, dismissed the accusatory instruments on the grounds that defendant's right to a speedy trial had been violated; App. Term reversed, denied the motion, reinstated the accusatory instruments, and remitted the matter to the District Court for further proceedings.

PEOPLE v HOWARD (DONKAVIUS) (224 AD3d 1359):
APL-2024-00039 4th Dept. App. Div. order of 2/9/24; affirmance; leave to appeal granted by Ogden, J., 3/21/24, Rule 500.11 review pending; Crimes--Right to Counsel--Whether defendant was denied the effective assistance of counsel; whether a defendant's claim that he received ineffective assistance of under the Sixth Amendment can be resolved by application of the "meaningful representation" standard of review for claims of ineffective assistance under the New York Constitution; Supreme Court, Monroe County, convicted defendant upon a jury verdict of burglary in the first degree, assault in the second degree, aggravated criminal contempt and resisting arrest; App. Div., with two Justices dissenting, affirmed.

MATTER OF KELSEY v HOCHUL (2024 NY Slip Op 64200[U]):
APL-2024-00050 3rd Dept. App. Div. order of 3/14/24; denial; sua sponte examination of whether the orders appealed from finally determine the proceeding within meaning of the Constitution and whether any jurisdictional basis exists for an appeal as of right; Appeals--Orders Appealable; App. Div., inter alia, denied reargument.

PEOPLE v LICIUS (RICHECARDE) (82 Misc 3d 18):
APL-2024-00047 2nd Dept. App. Term order of 12/22/23; reversal; leave to appeal granted by Rivera, J., 4/24/24; Crimes--Right to Speedy Trial--Whether the People's statement of readiness was untimely because, although the People transmitted it to the Unified Court System's Electronic Document System on the last day of the CPL 30.30(1)(b) period, the New York City Criminal Court clerk's office did not "review[]" the transmitted document until the next day (22 NYCRR 202.5-c(c)(3)); whether the People were not in fact ready to proceed to trial when the People transmitted the statement of readiness because, among other things, the transmission occurred after the 5:00 PM close of the New York City Criminal Court's business hours on the last day of the CPL 30.30 period, at which time a trial could not be commenced; New York City Criminal Court, Kings County, granted defendant's motion to dismiss the accusatory instrument on statutory speedy trial grounds; App. Term reversed, denied defendant's motion to dismiss the accusatory instrument on statutory speedy trial grounds, reinstated the accusatory instrument, and remitted the matter to Criminal Court for all further proceedings.

PEOPLE ex rel. WALSH v GARCIA (225 AD3d 1268):
APL-2024-00049 4th Dept. App. Div. order of 3/22/24; denial; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Habeas Corpus--Whether the Appellate Division erred by denying habeas corpus relief; whether CPL 30.30(2) requires Perez Aughtry's release on his own recognizance or reasonable bail; whether Perez Aughtry's continued pretrial detention for over 29 months constitutes being in custody within the meaning of CPL 30.30(2); App. Div., in a proceeding pursuant to CPLR article 70 seeking a writ of habeas corpus, denied the writ.