Return to New Filings Page


For July 16, 2021 through July 22, 2021, the following preliminary appeal statements were filed:

BARONE v HASKINS (193 AD3d 1388):
4th Dept. App Div. order of 4/30/2021; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Arbitration--Award--Whether the courts below properly denied plaintiff's motion to vacate an arbitration award and properly granted defendants' cross motion to confirm; alleged constitutional violations; Supreme Court, Eric County, denied the motion of plaintiff to vacate an arbitration award and granted the cross motion of defendants James D. Haskins et al. to confirm the award; App. Div. affirmed.

WILTZ v NEW YORK CITY (191 AD3d 452):
1st Dept. App. Div. order of 2/4/2021; affirmance; sua sponte examination of whether the appeal to this Court was timely taken, 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; Judgments--Default Judgment--Whether plaintiff failed to show a meritorious cause of action; application of collateral estoppel and res judicata; Supreme Court, Bronx County, denied plaintiff's motion to vacate an order dismissing the complaint for failure to appear at a conference; App. Div. affirmed.

For July 23, 2021 through July 29, 2021, the following preliminary appeal statements were filed:

CERDA (SERGIO), PEOPLE v (192 AD3d 1041):
2nd Dept. App. Div. order of 3/24/21; affirmance; leave to appeal granted by Rivera, J., 7/13/21; Crimes--Evidence--Whether Supreme Court erred in applying the Rape Shield Law (CPL 60.42) to exclude evidence supporting an alternative explanation for the complainant’s injuries; Supreme Court, Nassau County, convicted defendant of sexual abuse in the first degree and imposed sentence; App. Div. affirmed.

MATTER OF SIBLEY v WATCHES (194 AD3d 1385):
4th Dept. App. Div. order of 5/7/21; modification; whether a substantial constitutional question is directly involved to support an appeal as of right; Licenses-- Firearms--Denial of application for a pistol license; alleged constitutional violations; County Court, Steuben County, denied the application of the petitioner for a pistol license; Appellate Division modified determination and granted the petition in part by annulling that part of the determination that enjoined petitioner from reapplying for a pistol license until he is readmitted to the New York State bar, and confirmed the determination as modified.

For July 30, 2021 through August 5, 2021, the following preliminary appeal statements were filed:

BARNES v STATE OF NEW YORK (2021 NY Slip Op 67861[U]):
4th Dept. App. Div. order of 6/10/21; denial of motion; 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; Motions and Orders--Denial of motion to vacate; Appellate Division, inter alia, denied the motion to vacate the dismissal of an appeal taken from a judgment of the Court of Claims.