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For June 21, 2024 through June 27, 2024, the following preliminary appeal statements were filed:

BYRNES v SENATE of SNY (— AD3d —, 2024 NY Slip Op 03351):
APL-2024-00083 4th Dept. App. Div. order of 6/18/24; reversal; sua sponte examination of whether a substantial constitutional question is involved to support an appeal as of right; aggrievement; Limitation of Actions--Whether the Appellate Division properly held that article XIX section 1 of the Constitution is procedural in nature and that, as such, appellants were required to commence the action under CPLR article 78 within four months of the adoption of the proposed amendment; whether the legislature violated article XIX section 1 of the constitution by voting on and adopting the proposed amendment prior to receipt of the Attorney General's opinion; Supreme Court, Livingston County, granted the cross-motion of plaintiffs for summary judgment, declared that the New York State Legislature violated article XIX section 1 of the New York State Constitution in adopting Senate Bill S.51002 and Assembly Bill A.41002, declared those bills null and void, ordered the proposed constitutional amendment to be removed from the ballot for the general election of November 5, 2024, and denied in part the motion for summary judgment of defendants Senate of the State of New York, Andrea Stewart-Cousins, as the president pro tempore and majority leader of the Senate, Assembly of the State of New York and Carl Heastie, as speaker of the Assembly; App. Div. reversed, denied cross-motion, vacated the declaration, granted the motion in its entirety, and dismissed the complaint against defendants Senate of the State of New York and Assembly of the State of New York.

MATTER OF GARCIA v DORAN (2024 NY Slip Op 68542[U]):
APL-2024-00075 4th Dept. App. Div. order of 5/21/24; dismissal; sua sponte examination of whether any jurisdictional basis exists for an appeal as of right; Proceeding Against Body or Officer- -Dismissal; App. Div. granted respondent's motion to dismiss the CPLR article 78 proceeding.

PEOPLE v T.P. (216 AD3d 1469):
APL-2024-00071 4th Dept. App. Div. order of 5/9/23; modification; leave to appeal granted by Cannataro, J., 5/29/24; Crimes--Right to Counsel--Effective Representation--Whether defense counsel was ineffective for failing to request that the court include in its justification charge the "reputation evidence" addendum to the New York Model Criminal Jury Instruction, which would have permitted the jury to take into account the victim's prior violent acts; whether counsel was ineffective in failing to object to statements made by prosecutor during summation; Supreme Court, Erie County, convicted defendant of manslaughter in the first degree and imposed sentence; App. Div. modified, by reducing the sentence imposed to a determinate term of incarceration of four years and a period of postrelease supervision of 2 1/2 years, and, as so modified, affirmed the judgment and remitted the matter Supreme Court, Erie County, for proceedings pursuant to CPL 470.45.

MATTER OF RGRTA v STENSRUD (227 AD3d 1416):
APL-2024-00081 4th Dept. App. Div. order of 5/3/24; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Eminent Domain--Valuation--Whether court's determination of the property value was based on a fair interpretation of the evidence; alleged constitutional violations; Supreme Court, Monroe County, awarded respondents money damages; App. Div. affirmed.

For June 28, 2024 through July 4, 2024, the following preliminary appeal statements were filed:

SARATOGA BDC LIMITED v GRABOWSKI (2024 NY Slip Op 67875[U]):
APL-2024-00084 3rd Dept. App. Div. order of 5/16/24; denied motion; sua sponte examination of whether the Court of Appeals has jurisdiction to entertain the appeal in a matter commenced in City Court; Appeal--Paper Appealable; App. Div. denied a motion for reconsideration and for further relief.

PEOPLE v D.T. (227 AD3d 509):
APL-2024-00077 1st Dept. App. Div. order of 5/14/24; affirmance; sua sponte examination of whether any jurisdictional basis exists for an appeal as of right; Crimes--Insanity--Whether defendant's not responsible by reason of mental disease or defect plea, pursuant to CPL 220.15, was obtained in violation of his rights to due process and the effective assistance of counsel under the federal and state constitutions because he was not advised by the court or his lawyer that a consequence of his plea was possible lifetime confinement; App. Div. reversed 5/31/16 Supreme Court order insofar as it denied defendant a new initial hearing under CPL 330.20 in connection with his plea of not responsible by reason of mental disease or defect, and remitted for a new initial hearing; Supreme Court, Bronx County, after a hearing, determined that defendant has a dangerous mental disorder requiring treatment in a secure psychiatric hospital and designating him a Track One insanity acquitee; App. Div. affirmed.

PEOPLE ex. rel. WELCH v MAGINLEY-LIDDIE (225 AD3d 644):
APL-2024-00079 2nd Dept. App. Div. order of 3/11/24; dismissal; leave to appeal granted by the Court of Appeals, 6/18/24; Bail--Whether the Appellate Division erred by holding that CPL 510.10(4)(t) applies when a defendant has had bail fixed on the underlying case; whether the Appellate Division erred by holding that the prongs of CPL 510.10(4)(t) were met when the People failed to provide any information about the allegations in the underlying case, purporting to rely on the existence of an out-of-county indictment appearing on a RAP sheet to meet the burden of showing reasonable cause to believe that the defendant committed an offense causing harm to a specific individual or group of individuals; App. Div. dismissed writ of habeas corpus in the nature of an application to release Christopher Ortiz upon his own recognizance or, in the alternative, to set reasonable bail upon Queens County Indictment No. 74782/2023.

For July 5, 2024 through July 11, 2024, the following preliminary appeal statements were filed:

MATTER OF DYNAMIC LOGIC, INC. v TAX APPEALS TRIBUNAL (224 AD3d 1184):
APL-2024-00080 3rd Dept. App. Div. order of 2/29/24; confirmed determination; leave to appeal granted by the Court of Appeals on 6/20/24; Taxation--Sales and Use Taxes--Whether petitioner's AdIndex service is an information service under Tax Law section 1105(c)(1), which refers to "[t]he furnishing of information by printed, mimeographed or multigraphed matter or by duplicating written or printed matter in any other manner, including the services of collecting, compiling, or analyzing information of any kind or nature and furnishing reports thereof to other persons"; if petitioner's service is an information service, whether it qualifies for the exclusion from tax in section 1105(c)(1) for "the furnishing of information which is not or may not be substantially incorporated in reports furnished to other persons"; App. Div., in a proceeding pursuant to CPLR article 78 to review a determination of respondent Tax Appeals Tribunal partially sustaining a sale and use tax assessment imposed under Tax Law article 28 and 29, confirmed the determination, and dismissed the petition.

PEOPLE v SHERLOCK (DANIEL) (224 AD3d 709):
2nd Dept. App. Div. order of 2/7/24; affirmance; leave to appeal granted by the Court of Appeals, 6/18/24; Crimes--Sex Offenders--Whether defendant was properly designated a sexually violent offender pursuant to Correction Law § 168-a(3)(b); whether the assessment of points under risk factors 3 and 5 was error; whether the SORA court abused its discretion in denying defendant's application for a downward departure; County Court, Suffolk County, designated defendant a level two sexually violent offender pursuant to Correction Law article 6-C; App. Div. affirmed.