Return to New Filings Page


For May 5, 2023 through May 11, 2023, the following preliminary appeal statements were filed:

MATTER OF BEST v STATE OF NEW YORK (211 AD3d 837):
2nd Dept. App. Div. order of 12/14/22; dismissal; sua sponte examination of whether any jurisdictional basis exists for an appeal as of right; Proceeding Against Body or Officer; App. Div., in a proceeding under CPLR article 78 in the nature of prohibition to prohibit respondents from accepting, processing, and adjudicating unsworn criminal complaints, and application for poor person relief, granted the application for poor person relief only to the extent of waiving the filing fee, and dismissed the proceeding.

MATTER OF HAVERTY v CITY OF NEW YORK (211 AD3d 530):
1st Dept. App. Div. order of 9/1/22; granted adjournment; 1st Dept. App. Div. order of 12/15/22; affirmance; sua sponte examination of whether any jurisdictional basis exists for an appeal as of right; Proceeding Against Body or Officer--Dismissal of Petition; Supreme Court, New York County, granted respondents' motions to dismiss the hybrid CPLR article 78 petition; App. Div. Justice granted the application by the City respondents to adjourn the appeal to the November 2022 Term of the court, App. Div. affirmed the January 11, 2022 Supreme Court order.

MATTER OF JETER v POOLE (206 AD3d 556):
1st Dept. App. Div. order of 6/28/22; confirmed determination; leave to appeal granted by the Court of Appeals on 4/25/23; Social Services--Register of Child Abuse and Maltreatment--Whether petitioner was entitled to counsel at administrative hearing; whether amended Social Services Law § 422(8)(b)(ii)(B) applies to proceeding; whether administrative law judge abused discretion in excluding from evidence letter written by child recanting abuse allegation; whether substantial evidence supports the determination; Office of Children and Family Services, State of New York, denied petitioner's request to amend and seal an indicated report finding maltreatment of her adopted daughter; App. Div., confirmed the determination, denied the petition, and dismissed the CPLR article 78 proceeding.