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For July 29, 2022 through August 4, 2022, the following preliminary appeal statements were filed:

MATTER OF CARDINALE v NYCDOE (204 AD3d 994):
2nd Dept. App. Div. order of 4/27/22; reversal; sua sponte examination of whether a substantial constitutional question is directly involved to support the appeal taken as of right; Schools--Teachers--Whether the Chancellor of the New York City Department of Education lacked the legal authority to make or delegate a probable cause determination in a disciplinary proceeding against a tenured teacher under Education Law § 3020-a; alleged due process violation; Supreme Court, Richmond County, in a proceeding pursuant to CPLR article 75 to vacate a determination of a hearing officer pursuant to Education Law § 3020-a, dated July 27, 2017, denied the motion of the NYC Department of Education pursuant to CPLR 404(a) and 3211(a) to dismiss the petition and pursuant to CPLR 7511(e) to confirm the arbitration award, and thereupon, granted the petition; Supreme Court, Richmond County, thereafter, among other things, denied that branch of the motion of the NYC Department of Education which was for leave to renew its prior motion pursuant to CPLR 404(a) and 3211(a) to dismiss the petition and pursuant to CPLR 7511(e) to confirm the arbitration award; App. Div. reversed the 3/29/18 order, granted the motion of the NYC Department of Education pursuant to CPLR 404(a) and 3211(a) to dismiss the petition and pursuant to CPLR 7511(e) to confirm the arbitration award, vacated the 11/20/18 order, remitted the matter to Supreme Court for entry of a judgment, among other things, confirming the arbitration award; dismissed appeal from 11/20/18 order as academic, and awarded costs.

PEOPLE v COREY GAMBLE (2022 NY Slip Op 65016[U]):
Justice of the 1st Dept. App. Div. order of 4/22/22; denial; sua sponte examination of whether any jurisdictional basis exists for an appeal as of right; Appeal; App. Div. denied leave to appeal to the Appellate Division.

MATTER OF LANG v LANG (2022 NY Slip Op 67789[U]):
4th Dept. App. Div. order of 6/17/22; dismissal; sua sponte examination of whether the order appealed from finally determines the action and whether any jurisdictional basis exists for an appeal as of right; Appeal--Dismissal; Family Court, Genesee County, upon parties' agreement settling all issues in two petitions granted visitation to grandparents; Family Court, Genesee County, denied motion to vacate 5/20/21 visitation order as to children E.R. and A.L.; Family Court, Genesee County, denied motion to vacate 5/20/21 visitation order as to child C.M.; App. Div. dismissed the appeals upon the ground that orders are not appealable as of right, dismissed the motion of the attorney for the children for an extension of time to file and serve a brief, dismissed appellants' cross motion insofar as it sought sanctions.

PEOPLE v YERMIA SOLOMON a/k/a JEREMY SOLOMON (203 AD3d 1468):
3rd Dept. App. Div. order of 3/31/22; reversal; leave to appeal granted by Rivera, J. 7/21/22; Crimes--Information--Whether a superior court information is jurisdictionally defective when it misstates the victim's date of birth and the age of the victim is an element of the charged offense; County Court, Sullivan County, convicted defendant upon his guilty plea of the crime of endangering the welfare of a child; App. Div. reversed judgment and dismissed superior court information.

For August 5, 2022 through August 11, 2022, the following preliminary appeal statements were filed:

MATTER OF AARON MANOR REHABILITATION v ZUCKER (205 AD3d 1193):
3rd Dept. App. Div. order of 5/12/22; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Health--Medicaid Reimbursement Rates--Whether the 2020 amendment to Public Health Law § 2808 (20) (d) violates petitioner's equal protection rights under the New York and United States Constitutions by removing payment for residual equity reimbursement from the Medicaid rates of for-profit nursing homes for ongoing capital costs beyond the facility's 40th year of operation but leaving that factor in place for not-for-profit nursing homes; Supreme Court, Albany County, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, among other things, partially granted respondents' motion for summary judgment dismissing the complaint; App. Div. affirmed.

PEOPLE v MARCUS BROWN (203 AD3d 1183):
2nd Dept. App. Div. order of 3/30/22; affirmance; leave to appeal granted by the Court of appeals 7/21/22; Crimes--Sex Offenders--Whether Sex Offender Registration Act (Correction Law art 6-C) is unconstitutional as applied to defendant, where underlying crime of unlawful imprisonment did not involve any sexual component; Supreme Court, Kings County, designated defendant a level one sex offender pursuant to Correction Law article 6-C; App. Div. affirmed.

FAVOURITE LIMITED v CICO (— AD3d —, 2022 NY Slip Op 03987):
1st Dept. App. Div. order of 6/21/22; modification with two Justices dissenting; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution; Pleading--Amendment--Whether a trial court has the discretion to grant plaintiff leave to amend a complaint after the Appellate Division has ordered the complaint dismissed with direction to enter judgment accordingly; at time plaintiffs sought leave to amend the time to commence a new action expired including the CPLR 205(a) grace period; Supreme Court, New York County, among other things, granted plaintiffs' motions for leave to file a third amended complaint and to dismiss defendants' counterclaims for breach of contract and a declaratory judgment; App. Div. modified order to deny plaintiffs' motion for leave to file a third amended complaint, and otherwise affirmed.

PEOPLE v DONNA JORDAN (201 AD3d 946):
2nd Dept. App. Div. order of 1/26/22; affirmance; leave to appeal granted by Troutman, J., 7/21/22; Crimes--Right of Confrontation--Whether defendant's right to confrontation was violated by the testimony of a criminalist from the Office of the Chief Medical Examiner (OCME); whether defendant was denied a fair trial due to prosecutorial misconduct; Supreme Court, Queens County, convicted defendant of robbery in the second degree and petit larceny upon a jury verdict, and imposed sentence; App. Div. affirmed.

PEOPLE v MICHAEL N. KELSEY (2022 NY Slip Op 61935[U]):
3rd Dept. App. Div. order of 2/17/22; dismissal; sua sponte examination of whether any basis exists for an appeal as of right; Crimes--Appeal; Supreme Court, St. Lawrence County, denied motion seeking, inter alia, permanent suppression and redaction of defendant's pre-sentence investigation report; App. Div. granted motion to dismiss the appeal.

MATTER OF ESTATE OF KING:
Justice of 3rd Dept. App. Div. declined to sign proposed order to show cause (7/18/22); sua sponte examination of whether any basis exists for an appeal as of right; Appeal--Appealable Paper; Justice of the App. Div. declined to sign a proposed order to show cause.

PEOPLE v HERMAN ANTHONY (203 AD3d 1084):
2nd Dept. App. Div. order of 3/23/22; affirmance; leave to appeal granted by the Court of Appeals on 7/21/22; Rule 500.11 review pending; Crimes--Sex Offenders–Whether SORA hearing court properly designated defendant a level three sex offender; whether the courts below abused their discretion or otherwise erred in denying defendant's request for a downward departure; whether the hearing court erred in determining that mitigating factors raised by the defendant were already adequately taken into account by the risk assessment instrument; Supreme Court, Queens County, after a hearing, designated defendant a level three sex offender under the Sex Offender Registration Act; App. Div. affirmed.

PEOPLE v PABLO PASTRANA (205 AD3d 461):
1st Dept. App. Div. order of 5/5/22; affirmance; leave to appeal granted by Rivera, J., 7/27/22; Crimes--Unlawful Search and Seizure--Whether the Marihuana Regulation and Taxation Act (see Penal Law § 222.05 [3]), which prohibits a finding of reasonable cause based solely on the odor of cannabis, applies to criminal proceedings on direct appeal; Crimes--Possession of a Weapon--Whether Penal Law § 265.03 (3), which criminalizes the possession of a firearm in public places, is unconstitutional under the holding in New York State Rifle & Pistol Assoc. v Bruen (597 US —, 142 S Ct 2111 [2022]); Supreme Court, Bronx County, convicted defendant of criminal possession of a weapon in the second degree, criminal possession of marijuana in the fifth degree and unlawful possession of marijuana, and sentenced him, as a persistent violent felony offender, to an aggregate term of 16 years to life; App. Div. affirmed.

PEOPLE v MICHAEL WORLEY (202 AD3d 1008):
2nd Dept. App. Div. order of 2/16/22; affirmance; leave to appeal granted by the Court of Appeals 7/21/22; Crimes--Sex Offenders--Whether Supreme Court violated defendant's right to notice under Correction Law 168-n (3) or defendant's right to due process by sua sponte granting an upward departure from the presumptive risk level two classification and designating defendant a level three sex offender; Supreme Court, Kings County, designated defendant a level three sex offender pursuant to Correction Law article 6-C; App. Div. affirmed.