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For June 16, 2023 through June 22, 2023, the following preliminary appeal statements were filed:

PEOPLE ex rel. BRUNI v APPLE (216 AD3d 1319):
3rd Dept. App. Div. order of 5/18/23; dismissal; sua sponte examination of whether any jurisdictional basis exists for an appeal as of right; Appeal--Academic and Moot Questions--Dismissal of appeal from order denying application for a writ of habeas corpus; County Court, Albany County, denied petitioner's applications for a writ of habeas corpus, App. Div. dismissed the appeals as moot.

PEOPLE v CONTRERAS VARGAS (NOLBERTO) (211 AD3d 1046):
2nd Dept. App. Div. order of 12/28/22; reversal; leave to appeal granted by Dowling, J., 6/5/23; Rule 500.11 review pending; Crimes--Harmless and Prejudicial Error--Whether error in admitting hearsay statements of an eyewitness at trial was harmless; Supreme Court, Queens County, convicted defendant of assault in the first degree, upon a jury verdict, and imposed sentence; App. Div. reversed and ordered new trial.

PEOPLE v GARCIA (KENNETH) (210 AD3d 906):
2nd Dept. App. Div. order of 11/16/22; affirmance leave to appeal granted by Ch.J. Wilson, 5/31/23; Crimes--Identification of Defendant--Whether defendant's motion to suppress identification evidence from a showup identification procedure was properly denied; whether the evidence was legally sufficient to establish defendant's guilt of the crimes of which he was convicted beyond a reasonable doubt; whether defendant was denied a fair trial based on certain of the court's statements; Supreme Court, Queens County, convicted defendant of assault in the second degree, criminal possession of a weapon in the fourth degree, and endangering the welfare of a child, after a nonjury trial, and imposed sentence; App. Div. affirmed.

PEOPLE v NEKTALOV (SAMUAL) (78 Misc 3d 1):
2nd Dept. App. Term order of 12/23/22; affirmance; leave to appeal granted by Rivera, J. 5/26/23; Crimes--Unlawful Search and Seizure--Whether the courts below properly held that there was probable cause to lawfully stop a vehicle based on excessively tinted windows under Vehicle and Traffic Law § 375 (12-a) (b); whether the arrest was lawful; whether the failure to conduct a test of the cocaine for 17 months after arraignment rendered the prior statements of readiness illusory, violating defendant's constitutional and statutory speedy rights; Criminal Court, City of New York, Queens County convicted defendant, upon a plea of guilty, of criminal possession of a controlled substance in the seventh degree; App. Term affirmed.

PEOPLE ex rel. PAGE v FIELDS (216 AD3d 991):
2nd Dept. App. Div. order of 5/17/23; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Appeal--Academic and Moot Questions--In habeas corpus proceeding seeking to challenge continued confinement of convicted sex offenders due to their failure to secure housing compliant with the Sexual Assault Reform Act (SARA), whether Supreme Court properly dismissed proceeding as academic as to four of the sex offenders who were released to SARA-compliant housing during pendency of proceeding; whether mootness exception applies; Supreme Court, Dutchess County, in effect, denied the petition for writ of habeas corpus and dismissed the proceeding as academic insofar as asserted on behalf of Dennis Barr, Michael Blount, Frederick Hightower, Herbert McQueen, and Jason Smith, and, in effect, denied the petition and dismissed the proceeding on the merits insofar as asserted on behalf of Robert Rubino; App. Div. inter alia, (1) dismissed as academic the appeal from so much of the corrected order as, in effect, denied the petition and dismissed the proceeding on the merits insofar as asserted on behalf of Robert Rubino; and (2) otherwise affirmed the corrected order insofar as reviewed.

For June 23, 2023 through June 29, 2023, the following preliminary appeal statements were filed:

ECCLES v SHAMROCK CAPITAL (209 AD3d 486):
1st Dept. App. Div. order of 10/13/22; reversal; leave to appeal granted by the Court of Appeals, 6/15/23; Conflict of Laws--What Law Governs--Whether the Appellate Division erred by holding that Scots law rather than New York law applied to plaintiffs' claims of breach of fiduciary duty; whether the Appellate Division erred by taking judicial notice of the content of Scots law and dismissing the complaint for failure to state a cause of action; Supreme Court, New York County, denied defendants' motions to dismiss certain claims; App. Div. reversed, granted motions, and directed the entry of judgment dismissing the complaint.

PEOPLE v JOSHUA MESSANO (213 AD3d 1307):
4th Dept. App. Div. order of 2/10/23; affirmance; leave to appeal granted by Whalen, J., 6/5/23; Crimes--Unlawful Search and Seizure--Whether police officers had reasonable suspicion to detain defendant; whether there was probable cause to arrest defendant for drug possession; County Court, Onondaga County, convicted defendant, upon a plea of guilty, of criminal possession of a weapon in the second degree; App. Div. affirmed.

MULACEK v EXXONMOBIL CORPORATION (— AD3d —, 2023 NY Slip Op 02829):
1st Dept. App. Div. order of 5/25/23; affirmance; Contracts--Whether a contractual no-action clause bars plaintiffs' action; whether plaintiffs' claim may be asserted outside of a contractual dispute resolution process; whether plaintiffs stated a claim; Supreme Court, New York County, granted defendants' motion to dismiss the complaint; App. Div., with two Justices dissenting, affirmed.

MATTER OF NYC ORGANIZATION v CAMPION (210 AD3d 559):
1st Dept. App. Div. order of 11/22/22; affirmance; leave to appeal granted by the Court of Appeals, 6/13/23; Civil Service--Retirement and Pension Benefits--Whether Administrative Code of the City of New York § 12-126 (b) (1) requires respondents to pay the entire cost, up to the statutory cap, of any health insurance plan a retiree selects; Supreme Court, New York County, granted the CPLR article 78 petition to the extent of allowing New York City retirees to have the option of opting out of the Medicare Advantage Plan, enjoining respondents from passing along any costs of the retirees' current plan to the retirees or their dependents except where such plan rises above the H.I.P.-H.M.O threshold provided by Administrative Code of City of NY § 12-126, and requiring respondents to ensure that all retirees and their dependents pay the deductible for only one plan for the calendar year 2022; and denied respondents' motion to dismiss the proceeding; App. Div. affirmed.