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For July 31, 2020 through August 6, 2020, the following preliminary appeal statements were filed:

DEVEROW (DASHAWN), PEOPLE v (180 AD3d 1064):
2nd Dept. App. Div. order of 2/26/20; modification; leave to appeal granted by Wilson, J., 7/13/20; Crimes--Evidence--Whether the court deprived defendant of his right to present a defense by excluding a defense witness who would have contradicted the sole eyewitness's account and limiting cross-examination of the eyewitness; excluding 911 calls proffered in support of defendant's justification defense; and excluding DNA evidence connecting a gun used in a retaliatory shooting to the victim; Whether the court's Sandoval ruling deprived defendant of his constitutional right to due process and to testify; Whether the court properly denied defendant's Batson challenge to the prosecutor's exercise of peremptory challenges; Whether the court violated defendant's right to a fair trial by allowing the People to bolster their case with improper evidence; Supreme Court, Queens County; convicted defendant of murder in the second degree and criminal possession of a weapon in the second degree; upon a jury verdict, and sentenced him to an indeterminate term of imprisonment of 23 years to life on the conviction of murder in the second degree and a determinate term of imprisonment of 15 years plus 5 years of postrelease supervision on the conviction of criminal possession of a weapon in the second degree, the sentences to run concurrently; App. Div. modified, by reducing the sentence imposed on the conviction of murder in the second degree from an indeterminate term of imprisonment of 23 years to life to an indeterminate term of imprisonment of 17 years to live, and as so modified, affirmed the judgment.

ROMAN CATHOLIC DIOCESE OF ALBANY v VULLO (185 AD3d 11):
3rd Dept. App. Div. order of 7/2/20; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Constitutional Law--Whether Supreme Court properly rejected plaintiffs' constitutional arguments based on the holding in Catholic Charities of Diocese of Albany v Serio (7 NY3d 510 [2006]); Administrative Law--Validity of Regulation-- Whether respondent Superintendent of Financial Services exceeded its regulatory authority in promulgating regulation at issue, which required health insurance policies to include coverage for medically necessary abortion services; Supreme Court, Albany County, among other things, granted a motion by defendants Superintendent of Financial Services and Department of Financial Services for summary judgment dismissing the complaints against them; App. Div. affirmed.

SALLARD (DAMON), PEOPLE v (175 AD3d 1839):
4th Dept. App. Div. order of 9/27/19; affirmance; leave to appeal granted by Rivera, J., 7/24/20; Crimes--Appeal--Whether defendant validly waived the right to appeal--Crimes--Plea of Guilty--Withdrawal of Plea--Whether County Court properly denied defendant's motion to withdraw his guilty plea on the basis of actual innocence; County Court, Onondaga County, convicted defendant of criminal possession of a weapon in the second degree; App. Div. affirmed.

For August 7, 2020 through August 13, 2020, the following preliminary appeal statements were filed:

NAHUM, MATTER OF v NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES (185 AD3d 827):
2nd Dept. App. Div. order of 7/15/20; affirmation; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Proceeding Against Body or Officer--Whether petitioner was deprived of an impartial hearing; NYS Department of Motor Vehicles Administrative Appeals Board, affirmed a determination of an administrative law judge dated 5/8/10, which, following a hearing, found that petitioner refused to submit to a chemical test in violation of Vehicle and Traffic Law §1194 and revoked his driver license.

SPACE RACE, LLC v ALABAMA SPACE SCIENCE EXHIBIT COMMISSION d/b/a U.S. SPACE & ROCKET CENTER (185 AD3d 403):
1st Dept. App. Div. order of 7/2/20; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; State-Sovereign Immunity--Whether the Appellate Division properly concluded that respondent waived the defense of sovereign immunity; Supreme Court, New York County, among other things, granted petitioner's petition to confirm an arbitration award and denied respondent's motion to stay these proceedings pending determination of its petition to vacate the award in Alabama state court; thereafter, judgment entered in favor of petitioner against respondent in the amount of $1,405,528; App. Div. affirmed.

TORRES (ISAIAS), PEOPLE v (179 AD3d 1102):
2nd Dept. App. Div. order of 1/29/20; affirmance; leave to appeal granted by Feinman, J., 6/17/20; Rule 500.11 review pending; Crimes--Appeal--Waiver of right to appeal--Whether defendant validly waived the right to appeal; whether defendant's challenge to the sentencing court's issuance of a final order of protection had to be preserved; Supreme Court, Queens County, convicted defendant of burglary in the third degree under Superior Court Information No. 173/18, and burglary in the third degree under Superior Court Information No. 174/18, upon his pleas of guilty, and imposed sentence; App. Div. affirmed.

For August14, 2020 through August 20, 2020, the following preliminary appeal statements were filed:

ANDERSON (KATHON), PEOPLE v (180 AD3d 923):
2nd Dept. App. Div. order of 2/19/20; affirmance; leave to appeal granted by Fahey, J., 8/4/20; Crimes--Witnesses--Expert Witnesses--Whether Supreme Court properly denied defendant's request to present expert testimony on the topic of adolescent brain development; defendant, 14 years old at time of the crime, asserted justification defense; Supreme Court, Kings County, convicted defendant of murder in the second degree and attempted murder in the second degree; App. Div. affirmed.

NEW BRUNSWICK THEOLOGICAL v VAN DYKE (184 AD3d 176):
2nd Dept. App. Div. order of 6/3/20; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Arbitration--Notice of Intention to Arbitrate--Whether the contractual method used to provide notice to respondent of an arbitration commenced against her violated her constitutional right to due process when she failed to receive actual notice of the arbitration and petitioner knew that she could be contacted by email and should have known that she spent long periods of time away from her New York residences; Supreme Court, Suffolk County, in a proceeding pursuant to CPLR article 75 to confirm an arbitration award dated 1/12/18, upon an order of the court dated 8/13/18, granting the petition to confirm the arbitration award and denying respondent's cross motion to vacate the arbitration award and to dismiss the petition, in favor of petitioner, and against respondent in the principal sum of $3,229,097; App. Div. affirmed.

MATTER OF S.O.:
Justice 2nd Dept. App. Div. paper of 3/16/20; sua sponte examination of whether any jurisdictional basis exists for an appeal as of right; Appeal--Appealable paper; App. Div. Justice declined to sign an order to show cause seeking a writ of habeas corpus.

MATTER OF ROSALES (OMAR), A SUSPENDED ATTORNEY (184 AD3d 250):
2nd Dept. App. Div. order of 6/17/20; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Attorney and Client--Disciplinary Proceeding--Whether the attorney disciplinary process is unconstitutional; App. Div. in the disciplinary proceeding instituted by the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, granted petitioner's motion to confirm the Special Referee's report, revoked the admission of respondent to the Bar of the State of New York, pursuant to Judiciary Law § 90(2), and struck his name from the roll of attorneys and counselors-at-law.

STATE OF NEW YORK, MATTER OF v MARCELLO A. (180 AD3d 786):
2nd Dept. App. Div. order of 2/13/20; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Crimes--Sex Offender--Whether it is constitutionally permissible to civilly confine an individual under article 10 of the Mental Hygiene Law based on findings that the individual has a mental abnormality as that term is defined in Mental Hygiene Law § 10.03 ( I ) because of, among other things, antisocial personality disorder and psychopathy ; whether there is record support for the conclusion that the State established that the Hare Psychopathy Checklist-Revised ( PCL-R ) has achieved general acceptance in the psychiatric and psychological communities so as to make expert testimony on that instrument admissible; Supreme Court, Suffolk County, in a proceeding to Mental Hygiene Law article 10 for the civil management of Marcello A, upon a finding, made after a nonjury trial, that Marcello A. suffers from a mental abnormality as defined in Mental Hygiene Law § 10.03(i), and upon a determination, made after a dispositional hearing, that he is a sex offender requiring strict and intensive supervision and treatment, in effect, granted the petition and directed that he be subject to a regimen of strict and intensive supervision and treatment; App. Div. affirmed.