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For July 3, 2020 through July 9, 2020, the following preliminary appeal statements were filed:

KAINER, ESTATE OF v UBS AG (175 AD3d 403):
1st Dept. App. Div. order of 8/6/19; affirmance; leave to appeal granted by Court of Appeals, 6/23/20; Courts--Forum Non Conveniens--Whether the motion court properly dismissed the action on forum non conveniens grounds without first determining whether it had personal jurisdiction over all defendants; Supreme Court, New York County, inter alia, (1) granted defendants UBS AG, UBS Global Asset Management (Americas), Inc's and Norbert Stiftung f/k/a Norbert Levy Stiftung and Edgar Kircher's motions to dismiss the complaint against them on forum non conveniens grounds and (2) granted defendant Christie's Inc.'s motion to dismiss the complaint against it on forum non conveniens grounds to the extent of staying the action against Christie's, with leave to restore the action to the calendar if plaintiffs obtain a final favorable determination in the European courts; App. Div. affirmed.

PAUL JJ v HEATHER JJ (184 AD3d 956):
3rd Dept. App. Div. order of 6/18/20; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Parent, Child and Family--Custody--Uniform Child Custody Jurisdiction and Enforcement Act--Denial of petitions seeking to modify prior order of custody and visitation entered in another state; alleged constitutional violations; Family Court, Washington County, dismissed petitioner's applications, in three proceedings pursuant to Family court Act article 6, to modify a prior order of custody and visitation; App. Div. affirmed.

IN THE MATTER OF SARATOGA COUNTY DEPARTMENT OF SOCIAL SERVICES, O/B/O PATENAUDE v MORIN (182 AD3d 742):
3rd Dept. App. Div. order of 4/9/20; dismissal; sua sponte examination of (1) whether the App. Div. order appealed from finally determines the proceeding within the meaning of the Constitution and whether a substantial constitutional question is directly involved in the App. Div. order to support an appeal as of right; and (2) whether there is any basis for an appeal as of right from the Family Court orders appealed from; Appeal-- Dismissal--Interlocutory and Nondispositional Family Court Orders; Family Court, Saratoga County; in a proceeding pursuant to Family Court Act article 4, denied respondent's motion to, among other things, vacate an order of support; and thereafter, denied respondent's motion to dismiss the petition; App. Div. dismissed appeals.

For July 10, 2020 through July 16, 2020, the following preliminary appeal statements were filed:

FERNANDEZ (SALVADOR), PEOPLE v (180 AD3d 528):
1st Dept. App. Div. order of 2/18/20; affirmance; leave to appeal granted by Fahey, J., 7/1/20; Crimes--Right to Counsel--Effective Representation--Whether Supreme Court properly denied defendant's CPL 440.10 motion, made on the ground of ineffective assistance of counsel, without a hearing; Supreme Court, New York County, denied defendant's CPL 440.10 motion to vacate a judgment rendered February 16, 2014; App. Div. affirmed.

NINIVAGGI v COUNTY OF NASSAU; MERRICK UNION FREE SCHOOL DISTRICT (177 AD3d 981):
2nd Dept. App. Div. order of 11/27/19; affirmance; leave to appeal granted by Court of Appeals, 6/25/20; Negligence--Assumption of Risk--Whether Supreme Court properly dismissed the complaint on the basis of primary assumption of risk; plaintiff injured when he stepped into a hole on a grassy field while playing catch; Supreme Court, Nassau County, granted the motion of defendant Merrick Union Free School District for summary judgment dismissing the complaint insofar as asserted against it; App. Div. affirmed.

PEREZ (ALEX), PEOPLE v (183 AD3d 934):
3rd Dept. App. Div. order of 5/7/20; affirmance; leave to appeal granted by Colangelo, J., 5/26/20; Rule 500.11 review pending; Crimes--Harmless and Prejudicial Error--Whether error in denying defendant's motion to suppress defendant's cell phone location data and admitting such data at trial was harmless; Supreme Court, Albany County, convicted defendant of the crimes of attempted assault in the first degree and assault in the second degree; App. Div. affirmed.

For July 17, 2020 through July 16, 2020, the following preliminary appeal statements were filed:

DAVIS v GREAT AMERICAN E&S INSURANCE COMPANY (184 AD3d 782):
2nd Dept. App. Div. order and judgment of 6/17/20; dismissal; sua sponte examination of whether any jurisdictional basis exists for an appeal as of right; Proceeding Against Body or Officer--Mandamus; App. Div. granted that branch of respondent's motion to dismiss the CPLR article 78 proceeding for lack of subject matter jurisdiction and dismissed the proceeding.

EDWARDS (MICHAEL), PEOPLE v (182 AD3d 929):
3rd Dept. App. Div. order of 4/30/20; modification; leave to appeal granted by Lynch, J., 6/26/20; Rule 500.11 review pending; Crimes--Indictment--Sufficiency of the Evidence Before the Grand Jury--Whether the evidence before the grand jury was legally sufficient to support assault charges premised on the theory that defendant acted with depraved indifference; Supreme Court, Schenectady County, partially granted defendant's motion to dismiss the indictment; App. Div. modified by reversing so much of the judgment as partially granted defendant's motion and dismissed counts 1 and 2 of the indictment, denied the motion to that extent and reinstated said counts; and as, so modified, affirmed.

TRAYVILLA v JAPAN AIRLINES (178 AD3d 746):
2nd Dept. App. Div. order of 12/4/19; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Dismissal and Nonsuit–Dismissal of Complaint; Supreme Court, Queens County, granted defendants' motion pursuant to CPLR 3211(a) to dismiss the complaint; App. Div. affirmed.