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For July 19, 2024 through July 25, 2024, the following preliminary appeal
statements were filed:
MATTER OF ANONYMOUS (AD 2021-05514):
APL-2024-00089
2nd Dept. App. Div. order of 6/13/24; denied motion; sua sponte examination of whether
the orders appealed from finally determines the proceeding within the meaning of the
Constitution and whether any jurisdictional basis exists for an appeal as of right; Motions
and Orders--Whether the Appellate Division properly denied respondent's motion
for a transfer of the verified petition; App. Div. granted the grievance committee's
application for the appointment of a special referee to conduct a hearing in a disciplinary
proceeding; ordered service upon the special referee; and appointed a special referee to
hear and report; App. Div. denied respondent's motion for, among other things, the
disqualification or recusal of the Appellate Division, Second Department and transfer of
the verified petition to the Third Department with the prosecution of the verified petition
to be conducted by a committee; on the court's own motion, enjoined respondent from
making any further motions or applications on the docket without prior leave of the
Court; and directed the parties to proceed expeditiously with the hearing before the
special referee.
MATTER OF ANONYMOUS (AD 2021-08435):
APL-2024-00090
2nd Dept. App. Div. order of 6/13/24; denied motion; sua sponte examination of whether
the orders appealed from finally determines the proceeding within the meaning of the
Constitution and whether any jurisdictional basis exists for an appeal as of right; Motions
and Orders--Whether the Appellate Division properly denied respondent's motion
for a transfer of the verified petition; App. Div. granted the grievance committee's
application for the appointment of a special referee to conduct a hearing in a disciplinary
proceeding; ordered service upon the special referee; and appointed a special referee to
hear and report; App. Div. denied respondent's motion for, among other things, the
disqualification or recusal of the Appellate Division, Second Department and transfer of
the verified petition to the Third Department with the prosecution of the verified petition
to be conducted by a committee; on the court's own motion, enjoined respondent from
making any further motions or applications on the docket without prior leave of the
Court; and directed the parties to proceed expeditiously with the hearing before the
special referee.
MATTER OF GOOD LAWGIC v MERCHAN (227 AD3d 612):
APL-2024-00088
1st Dept. App. Div. order of 5/30/24; dismissal; sua sponte examination of whether a
substantial constitutional question is directly involved to support an appeal as of right;
Constitutional Law--Whether the challenged restraining orders violated the
constitutional rights of petitioners and defendant in the underlying criminal action;
App. Div. in a proceeding brought under CPLR article 78 challenging the orders of
Supreme Court, New York County, entered March 26, 2024 and amended on or about
April 1, 2024, which, among other things, prohibited nonparty Donald J. Trump,
defendant in the underlying criminal action, from making certain extrajudicial statements,
denied the petition, and dismissed the proceeding.
PEOPLE v LEIGHTON R. (223 AD3d 597):
APL-2024-00092
1st Dept. App. Div. order of 1/25/24; affirmance; leave to appeal granted by Troutman, J.,
7/3/24; Crimes--Unlawful Search and Seizure--Whether anonymous tip was
sufficiently corroborated to provide police with reasonable suspicion to stop
defendant's vehicle; Supreme Court, Bronx County, convicted defendant of criminal
possession of a weapon in the second degree and imposed sentence; App. Div. affirmed.