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For May 7, 2021 through May 13, 2021, the following preliminary appeal statements
were filed:
D&G CONSTRUCTION DEAN GONZALEZ, LLC v CAPETOLA (179 AD3d 794):
2nd Dept. App. Div. order of 1/15/20; denied petition; sua sponte examination of
whether any jurisdictional basis exists for an appeal as of right; Proceeding Against
Body or Officer--Prohibition--Mandamus--Whether petitioners demonstrated a
clear legal right to the relief sought; App. Div. denied the petition and dismissed the
proceeding.
REAMES v STATE OF NEW YORK (191 AD3d 1304):
4th Dept. App. Div. order of 2/5/21; affirmance; Rule 500.11 review pending;
Negligence--Causation--Whether the trial court properly concluded that defendants
did not create a dangerous condition that proximately caused defendant's death;
defendants used steel box beam as barrier at entrance to out-of-commission bridge;
Court of Claims, dismissed the claim; App. Div. affirmed.
SCOHN ENTERPRISES, INC. v D&G CONSTRUCTION DEAN GONZALEZ, LLC (2020 NY Slip Op
60903[U]):
2nd Dept. App. Div. order of 1/15/20; denied motion; sua sponte examination of
whether the order appealed from finally determines the action within the meaning of the
Constitution and whether any jurisdictional basis exists for an appeal as of right; Motions
and Orders--Denial of motion to vacate order dismissing appeal; App. Div., inter alia,
denied appellants' motion pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an
appeal from an amended judgment of Supreme Court, Nassau County, dated 1/17/18.