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For May 20, 2022 through May 26, 2022, the following preliminary appeal statements were filed:

BANK OF AMERICA v KESSLER (202 AD3d 10):
2nd Dept. App. Div. order of 12/15/21; affirmance; Mortgages--Foreclosure-- Whether the courts below properly held that the inclusion of certain language in a 90-day notice sent to the borrowers in this foreclosure action, in addition to the language required to be included under RPAPL 1304, violated the "separate envelope" provision in RPAPL 1304; Supreme Court, Westchester County, among other things, denied those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against defendants Andrew Kessler and Reiko Kessler, for summary judgment dismissing the second, third, and fourth affirmative defenses to those defendants, and for an order of reference, and granted the cross motion of defendant Andrew Kessler for summary judgment dismissing the complaint insofar as asserted against him; App. Div. affirmed order insofar as appealed from.

MATTER OF GURVEY v GARRY (2022 NY Slip Op 65743[U]):
4th Dept. App. Div. order of 5/10/22; denial of motion; sua sponte examination of whether the order appealed from finally determines the proceeding within the meaning of the Constitution and whether any basis exists for an appeal as of right; Motions and Orders; App. Div. denied a motion to renew.

McCANN v GORDON (204 AD3d 1449):
4th Dept. App. Div. order of 4/22/22; dismissal; sua sponte examination of whether the order appealed from finally determines the proceeding within the meaning of the Constitution and whether any basis exists for an appeal as of right; Torts--Whether summary judgment was properly granted as to liability on plaintiff's tort cause of action; Supreme Court, Oneida County, among other things, granted the motion of plaintiff for summary judgment on the issue of liability on her defamation cause of action and denied defendant's cross motion to dismiss the complaint; App. Div. dismissed the appeal.

MATTER OF UZAMERE v IDEHEN (2022 NY Slip Op 65881[U]):
2nd Dept. App. Div. order of 5/16/22; denial of motion; sua sponte examination of whether the order appealed from finally determines the proceeding within the meaning of the Constitution and whether any basis exists for an appeal as of right; Motions and Orders; App. Div. denied a motion to direct the commencement of a certain criminal investigation.

For May 27, 2022 through June 2, 2022

MANKO v LENOX HILL ANESTHESIOLOGY (2022 NY Slip Op 63442[U]):
2nd Dept. App. Div. order of 3/23/22; denial of motion; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution and whether any basis exists for an appeal as of right; Motions and Orders; App. Div. denied motion to recall and vacate so much of a February 8, 2011 order that dismissed an appeal from an order of Supreme Court, Kings County, dated July 8, 2009.

NICHOLS v HOCHUL (— Misc 3d —, 2022 NY Slip Op 22167):
Supreme Court, New York County, order of 5/25/22; denial of petition; sua sponte examination of whether a direct appeal lies pursuant to CPLR 5601 (b)(2); Constitutional Law--State Constitutional Law--Whether failure to follow redistricting procedures set forth in the State Constitution warrants invalidation of the legislature's state assembly map; whether there is record support for the determination of the courts below that the district lines for the state assembly races were drawn with unconstitutional partisan intent; Supreme Court, New York County, denied the petition to invalidate the legislature's state assembly map.

RICHARDS v HEDMAN RESOURCES (204 AD3d 1407):
4th Dept. App. Div. order of 4/22/22; 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 to support an appeal as of right; Judgments--Default Judgment--Vacatur--Whether the courts below properly denied defendant's motion to vacate default judgments against it; alleged constitutional violations; Supreme Court, Erie County, among other things, denied that part of the motion of defendant Hedman Resources Limited seeking to vacate the default liability judgments granted in favor of plaintiffs; App. Div. affirmed.