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For May 17, 2024 through May 23, 2024, the following preliminary appeal statements were filed:

MATTER OF CLEMENTS v NY SECRETARY OF STATE (— AD3d —, 2024 NY Slip Op 01756):
APL-2024-00054 3rd Dept. App. Div. order of 3/28/24; affirmance; Proceeding Against Body or Officer-- Whether the Secretary of State violates their obligation, under Executive Law section 381 to establish minimum standards governing code enforcement when they delegate complete discretion to municipalities to determine procedures for addressing violations in rental properties; Supreme Court, Albany County, in a proceeding pursuant to CPLR article 78, granted respondent's motion to dismiss the petition; App. Div. with two Justices dissenting, affirmed.

MATTER OF OCEANVIEW v ZUCKER (215 AD3d 140):
APL-2024-56 3rd Dept. App. Div. order of 5/4/23; reversal; leave to appeal granted by the Appellate Division, 5/9/24; Health--Adult Care Facilities--Whether Department of Health regulations capping admissions on transitional adult homes for persons with serious mental illness violate the Fair Housing Act; whether challenges to facially discriminatory laws under the FHA are subject to a government interests means-ends balancing test or instead are governed by the Fair Housing Act text and its preemption provision; whether narrow-tailoring under the FHA requires that the challenged actions be the least discriminatory means of achieving the purported interests; whether the "benign discrimination" exception to the FHA, to the extent such an exception exists, requires more than a showing of benefits that outweigh burdens on a protected class; whether such an exception exists; Supreme Court, Albany County, in a combined proceeding under CPLR article 78 and action for declaratory judgment, partially granted petitioner's application to, among other things, declare invalid certain regulations promulgated by respondent Commissioner of Health; App. Div. reversed, dismissed the petition, and declared that the challenged regulations do not violate the Fair Housing Act.

STEFANIK v HOCHUL (— AD3d —, 2024 NY Slip Op 02569):
APL-2024-00058 3rd Dept. App. Div. order of 5/9/24; affirmance; Elections--Ballots--Whether the New York Early Mail Voter Act (see Election Law § 8-700; L 2023, ch 481), which permits all registered voters in New York to apply to vote early by mail in any election in which the voter is eligible to vote, violates the New York State Constitution; Supreme Court, Albany County, inter alia, declared that the New York Early Mail Voter Act is constitutional and granted certain defendants' motions to dismiss the complaint; App. Div. affirmed.

For May 24, 2024 through May 30, 2024, the following preliminary appeal statements were filed:

JP MORGAN v NEWTON:
APL-2024-00069 Supreme Court, Orange County, judgment of 5/20/24; sua sponte examination of whether any jurisdictional basis exists for an appeal as of right; Mortgages--Foreclosure-- Whether the courts below contravened law, precedent, discretion, and due process; whether appellants' due process rights were violated; Supreme Court, Orange County, granted plaintiff's motion to confirm the Referee's Report, for a Judgment of Foreclosure and Sale, and directed the distribution of the sale proceeds.

MATTER OF TRUMP v MERCHAN (— AD3d —, 2024 NY Slip Op 02680):
APL-2024-00062 1st Dept. App. Div. judgment of 5/14/24; dismissal; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Proceeding Against Body or Officer--Prohibition--Whether petitioner was entitled to extraordinary remedy of writ of prohibition; petitioner contends that continued enforcement of restraining order issued in pending criminal case violates the First Amendment; App. Div. (1) denied the petition pursuant to CPLR article 7803 challenging orders of Supreme Court, NY Co., entered March 26, 2024, and amended on or about April 1, 2024, which, to the extent challenged by petitioner, (a) prohibited him from responding to purported "attacks" by two witnesses, Michael Cohen and Stephanie Clifford (a/k/a Stormy Daniels), (b) limited his ability to make public statements about senior prosecutor Matthew Colangelo, and (c) limited his ability to make public statements about Justice Merchan's daughter; and (2) dismissed the proceeding.