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For June 4, 2021 through June 10, 2021, the following preliminary appeal statements were filed:

GRAY v LAFOUNTAIN (193 AD3d 1324):
4th Dept. App. Div. order of 4/30/21; modification; sua sponte examination of whether the order finally determines the proceeding within the meaning of the Constitution; Civil Service--Disciplinary Proceedings--Whether substantial evidence supports the determination of guilt; whether the penalty of termination is so disproportionate to the offense as to shock one's sense of fairness; Town Board of the Town of Penfield, among other things, terminated petitioner's employment with the Town; App. Div. modified, granted the CPLR article 78 petition in part by annulling that part of the determination finding petitioner guilty under charges 1 and 2 and vacating the penalty of termination and, as so modified, confirmed the determination and remitted the matter to respondent Town Board of the Town of Penfield for the imposition of a penalty less severe than termination.

INDEPENDENT INSURANCE AGENTS AND BROKERS OF NEW YORK, INC., MATTER OF v NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES (195 AD3d 83):
3rd Dept. App. Div. order of 4/29/21; reversal; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Constitutional Law--Validity of Regulation--Whether amendment to Insurance Regulation No. 187, which requires insurance producers to consider the best interests of the consumer when making recommendations involving life insurance and annuity products, is unconstitutionally vague; Supreme Court, Albany County, dismissed petitioner's applications to review amendment to a regulation promulgated by respondents; App. Div. reversed, granted the petitions, and declared that Insurance Regulation No. 187, as amended, is unconstitutional.

JOHNSON (JUAN), PEOPLE v (185 AD3d 838):
2nd Dept. App. Div. order of 7/15/20; affirmance; leave to appeal granted by Wilson, J., 4/19/21; Rule 500.11 review pending; Appeal--Waiver of Right to Appeal-- Whether defendant validly waived his right to appeal; Supreme Court, Kings County, convicted defendant of three counts of criminal possession of a forged instrument in the second degree, and imposed sentence; App. Div. affirmed.

JPMORGAN CHASE BANK NATIONAL ASSOCIATION v KELLEHER (188 AD3d 1484):
3rd Dept. App. Div. order of 11/25/20; affirmance with dissents; Rule 500.11 review pending; Process--Service of Process--Whether Supreme Court abused its discretion in denying plaintiff's CPLR 306-b motion for an extension of time to serve defendant mortgagor; Supreme Court, Saratoga County, denied plaintiff's motion for an extension of time to serve defendant and granted defendant's cross motion to dismiss the complaint and cancel the notice of pendency; App. Div. affirmed.

MENDOZA (EUGENE), PEOPLE v (177 AD3d 773):
2nd Dept. App. Div. order of 11/13/19; affirmance; leave to appeal granted by Fahey, J., 4/13/21; Rule 500.11 review pending; Appeal--Waiver of Right to Appeal-- Whether defendant validly waived his right to appeal; Supreme Court, Queens County, imposed four sentences upon guilty pleas; App. Div. affirmed.

SMITH (MARK), PEOPLE v (194 AD3d 767):
2nd Dept. App. Div. order of 5/5/21; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Crimes--Sex Offenders--Whether defendant's adjudication as a sexually violent offender, based on having been convicted of attempted sexual abuse in the first degree, constituted a denial of his procedural or substantive due process rights; Supreme Court, Queens County, designating defendant a level two sexually violent offender; App. Div. affirmed.

TEAMSTERS LOCAL 445, MATTER OF v TOWN OF MONROE (188 AD3d 896):
2nd Dept. App. Div. order of 11/12/20; affirmance; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; 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 § 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.

TIMKO (THOMAS), PEOPLE v (70 Misc 3d 133[A], 2020 NY Slip Op 51571[U]):
App. Term, 2nd Dept., 9th and 10th Judicial Districts, order of 12/31/20; affirmance; leave to appeal granted by Rivera, J., 3/29/21; Rule 500.11 review pending; Crimes--Accusatory Instrument--Whether accusatory instrument charging defendant with aggravated harassment was facially insufficient; Justice Court, Town of Cortland, convicted defendant upon a plea of guilty, of aggravated harassment in the second degree; App. Term affirmed.