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For June 17, 2022 through June 23, 2022, the following preliminary appeal statements were filed:

HEISERMAN (MICHAEL), PEOPLE v (204 AD3d 1249):
3rd Dept. App. Div. order of 4/21/22; reversal; leave to appeal granted by Colangelo, J., 6/7/22; Crimes--Justification--Whether County Court erred in denying defendant's request for a jury charge on the defense of justification; County Court, Franklin County, convicted defendant of assault in the second degree and imposed sentence; App. Div. reversed and remitted to County Court for a new trial.

MADIGAN v BERKELEY CAPITAL LLC (205 AD3d 900):
2nd Dept. App. Div. order of 5/18/22; modification; 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; Witnesses-- Subpoena; Contempt--Civil and Criminal Contempt; Costs--Counsel Fees; Supreme Court, Kings County, inter alia, (1) denied that branch of the plaintiff's motion which was to vacate a stay issued in an order of the same court dated November 6, 2017, and granted those branches of the motion of the defendants Oceana Holding Corp. and Rosa Bronstein which were to quash certain subpoenas and for an award of costs in the sum of $2,500, and (2) denied those branches of the separate motion of the defendants Oceana Holding Corp. and Rosa Bronstein which were to hold the plaintiff's counsel in civil and criminal contempt, for an award of attorney's fees pursuant to 22 NYCRR 130-1.1, for referral to the Grievance Committee, and to disqualify the plaintiff's attorney; App. Div. modified (1) by deleting the provision of the October 22, 2018 Supreme Court order denying that branch of the motion of the defendants Oceana Holding Corp. and Rosa Bronstein which was to hold the plaintiff's counsel in criminal contempt, and substituting therefor a provision granting that branch of the motion imposing a criminal sanction in the amount of $10,000, and (2) by deleting the provision thereof denying that branch of the motion of the defendants Oceana Holding Corp. and Rosa Bronstein which was for an award of attorney's fees pursuant to 22 NYCRR 130-1.1, and substituting therefor a provision granting that branch of the motion; and, as so modified, affirmed the order insofar as appealed and cross-appealed from, with costs to the defendant Oceana Holding Corp., and remitted the matter to Supreme Court for a determination of the amount of an award of reasonable attorney's fees in accordance herewith.

STEVENS, MATTER OF v NYS DIVISION OF CRIMINAL JUSTICE SERVICES (— AD3d —, 2022 NY Slip Op 03062):
1st Dept. App. Div. order of 5/5/22; reversal with two-Justice dissent; Parties-- Standing--Whether petitioners, relatives of persons whose genetic profiles are in the New York State DNA database, have standing to challenge regulations adopted by respondents governing familial DNA searches; Constitutional Law--Separation of Powers--Whether respondents exceeded their authority in promulgating familial DNA search regulations; Supreme Court, New York County, denied the petition to, among other things, annul the Familial DNA Search Regulations codified at 9 NYCRR 6192.1 and 6192.3 on October 18, 2017, and dismissed the CPLR article 78 proceeding; App. Div., inter alia, reversed, granted the petition and vacated Familial DNA Search Regulations.

TEAMSTERS LOCAL 445 v MONROE (188 AD3d 896):
Supreme Court, judgment of 1/24/22; sua sponte examination of whether prior nonfinal App. Div. order directly involves a substantial constitutional question; Arbitration--Collective Bargaining Agreement--Whether there is a statutory, constitutional, or public policy prohibition against arbitrating a dispute regarding the termination of an employee in an "exempt class" under Civil Service Law section 41 (1)(c); Supreme Court, Dutchess County, in a proceeding pursuant to CPLR article 75 to compel arbitration, denied the motion of the Town of Monroe to dismiss the petition; App. Div. affirmed, Supreme Court granted the petition to compel arbitration.

For June 24, 2022 through June 30, 2022, the following preliminary appeal statements were filed:

POLICE BENEVOLENT ASSOCIATION v CITY OF NEW YORK (205 AD3d 552):
1st Dept. App. Div. order of 5/19/22; reversal; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Constitutional Law--Validity of Statute--Whether the Administrative Code of the City of New York § 10-181, which makes it a criminal misdemeanor to use certain methods of restraint in the course of effecting or attempting to affect an arrest, is unconstitutionally vague or preempted by New York State Law; Supreme Court, New York County, among other things, denied defendant's motion for summary judgment dismissing the complaint and granted plaintiff's cross motion for summary judgment to the extent of declaring Administrative Code of the City of New York § 10-181 void as unconstitutionally vague and permanently enjoining its enforcement; App. Div. reversed, granted defendant's motion, denied plaintiff's cross motion, dismissed the complaint, declared the provision as challenged constitutional, and directed entry of judgement.

TWIN BAY VILLAGE, MATTER OF (CHOMIAK; KASIAN) (203 AD3d 1493):
3rd Dept. App. Div. order of 3/31/22; modification; sua sponte examination of whether the order appealed from finally determines the proceeding within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; Receivers--Accounting--Whether the courts below erred in concluding that the receiver properly denied credit card claims and a claim for handler's fee with respect to the sale of a resort; Supreme Court, Warren County, in a proceeding pursuant to Business Corporation Law article 11, among other things, granted the receiver's motion to confirm his final account for Twin Bay Village, Inc.; App. Div. modified by reversing so much of the order as confirmed that portion of the receiver's account that deducted all of the receiver's disbursements against the parties' distributive share, remitted the matter to Supreme Court for further proceedings, and, as so modified affirmed.

For July 1, 2022 through July 7, 2022, the following preliminary appeal statements were filed:

COLT v NEW JERSEY TRANSIT (— AD3d —, 2022 NY Slip Op 03343):
1st Dept. App. Div. order of 5/24/22; affirmance, with two Justices dissenting; sua sponte examination of whether the order appealed from finally determines the proceeding within the meaning of the Constitution; State--Sovereign Immunity--Whether defendants waived state sovereign immunity; Supreme Court, New York County, denied defendant's motion to dismiss the action; App. Div. affirmed.

HUNTER, MATTER OF v WOJTASZEK-GARIANO (2022 NY Slip Op 65737[U]):
4th Dept. App. Div. order of 5/10/22; dismissal; sua sponte examination of whether any jurisdictional basis exists for an appeal as of right; Proceeding Against Body or Officer- -Prohibition; App. Div. granted the motions to dismiss the CPLR article 78 petition.

PERDUE, THOMAS P., PEOPLE v (203 AD3d 1638):
4th Dept. App. Div. order of 3/11/22; affirmance; leave to appeal granted by Rivera, J., 6/17/22; Crimes--Identification of Defendant--Whether the defendant was deprived of a fair trial when there was no pretrial identification procedure and defendant was identified in court for the first time; whether the trial court erred by permitting the People to present testimony on redirect examination; Supreme Court, Monroe County convicted defendant upon a jury verdict of assault in the second degree and criminal possession of a weapon in the second degree (two counts); App. Div. affirmed.