Return to New Filings Page


For July 5, 2019 through July 18, 2019, the following preliminary appeal statements were filed:

CANGRO v PARK SOUTH TOWERS ASSOCIATES (2019 NYSlipOp 68620[U]):
1st Dept. App. Div. order of 4/23/19; dismissal; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution and whether any basis exists for an appeal as of right; Dismissal and Nonsuit–Dismissal of complaint where litigation injunction existed and plaintiff did not obtain leave of court; Contempt--Civil Contempt; App. Div., inter alia, (1) granted that branch of defendant's motion seeking dismissal of the complaint; (2) denied that branch of the motion seeking to hold plaintiff in civil contempt and to direct that she be incarcerated until she purges her contempt; (3) imposed a sanction in the amount of $2,000 against plaintiff pursuant to 22 NYCRR 130-1.1, and (4) remitted the matter to Supreme Court, New York County for determination of the appropriate costs and attorneys fees to be imposed on plaintiff.

COZZI, MATTER OF v AMERICAN STOCK EXCHANGE; WORKERS' COMPENSATION BOARD (172 AD3d 1658):
3rd Dept. App. Div. order of 5/16/19; affirmance; sua sponte examination of whether the order appealed from finally determines the proceeding within the meaning of the Constitution and whether an appeal as of right from the unanimous Appellate Division order absent the direct involvement of a substantial constitutional question; Workers' Compensation--Whether the Workers' Compensation Board abused its discretion in determining that it was without jurisdiction to reopen the claim; alleged constitutional violations; Workers' Compensation Board denied claimant's application to reopen his workers' compensation claim; App. Div. affirmed.

ELLIS (ROBERT), PEOPLE v (166 AD3d 993):
2nd Dept. App. Div. order of 11/28/18; affirmance with one Justice dissenting; leave to appeal granted by Barros, J., 6/11/19; Rule 500.11 review pending; Crimes-- Jurors--Challenge to Juror for Cause--Whether the trial court abused its discretion as a matter of law when it denied defendant's for-cause challenge to a prospective juror who was a retired school security officer and whose son, a police officer, had been excused for cause due to his relationships with witnesses; Crimes--Fair Trial-- Jurors Saw Defendant's Prison Garb--Whether defendant was deprived of a fair trial when he appeared before the jury in prison-issued clothing; Supreme Court, Queens County, convicted defendant of second degree attempted murder, two counts of first degree assault; two counts of first degree murder; two counts of second degree criminal possession of a weapon; and fifth degree of criminal possession of stolen property; App. Div. affirmed.

EMIGRANT FUNDING CORPORATION v NUNEZ (2019 NY Slip Op 60865[U]):
2nd Dept. App. Div. order of 1/15/19; dismissal; sua sponte examination whether the order appealed from finally determines the action within the meaning of the Constitution and whether any basis exists for an appeal taken as of right; Appeal-- Dismissal--Appellate Division order dismissing appeal; App. Div., inter alia, granted the branch of respondent's motion to dismiss the appeal from an order of Supreme Court, Queens County, as untimely taken, dismissed the appeal, and denied that branch of appellant's motion to stay the foreclosure sale of the subject premises and all proceedings in the foreclosure action.

GOLDMAN (REGINALD), PEOPLE v (171 AD3d 581):
1st Dept. App. Div. order of 4/23/19; reversal; leave to appeal granted by Fahey, J., 6/18/19; Crimes--Search Warrant--DNA Evidence--Whether DNA evidence obtained as a result of an ex parte search warrant application made when defendant was incarcerated on a separate matter was properly admitted into evidence at trial; Whether a YouTube video was properly authenticated; Supreme Court, Bronx County, convicted defendant of first degree manslaughter; App. Div. reversed, granted defendant's motion to suppress DNA evidence, and remanded for a new trial.

For July 12, 2019 through July 18, 2019, no preliminary appeal statements were filed.

For July 19, 2019 through July 25, 2019, the following preliminary appeal statements were filed:

MATTER OF HENNESSY (HEARST CORPORATION—COMMISSIONER OF LABOR) (172 AD3d 1842):
3rd Dept. App. Div. order of 5/30/19; affirmance; sua sponte examination of whether the order appealed from finally determines the proceeding within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; Unemployment Insurance--Employee or Independent Contractor--Whether substantial evidence supports determination that claimant newspaper carrier and other similarly situated carriers are employees, not independent contractors, of newspaper publisher; alleged due process violations; Unemployment Insurance Appeal Board ruled, among other things, that appellant was liable for additional unemployment insurance contributions on remuneration paid to claimant and others similarly situated; App. Div. affirmed.

PEOPLE ex rel. JOHNSON v SUPERINTENDENT, ADIRONDACK CORRECTIONAL FACILITY (— AD3d —, 2019 NY Slip Op 05359):
3rd Dept. App. Div. order of 7/3/19; affirmance with two-Justices concurring; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Crimes--Sex Offender--Whether the mandatory condition on parole release imposed under Executive Law § 259-c (14) is violative of substantive due process under the Federal or State Constitution; Supreme Court, Essex County, denied petitioner's application for writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing; App. Div. affirmed.

PRICE v CITY OF NEW YORK (172 AD3d 625):
1st Dept. App. Div. order of 5/30/19; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Municipal Corporations–Tort Liability–Police–Whether plaintiff's negligence claims were properly dismissed on the ground that defendants were protected by immunity for tort liability because the decision to pursue plaintiff was discretionary; Pleading--Sufficiency of Pleading--Whether plaintiff's claims alleging police misconduct, including violations of plaintiff's rights under the Fourth and Fourteenth Amendments of the federal Constitution, were properly dismissed; Municipal Corporations--Tort Liability--Whether Supreme Court properly concluded that plaintiff's claim of intentional infliction of emotional distress was not available against the City; Supreme Court, New York County, granted defendant's motion to dismiss the complaint; App. Div. affirmed.

US BANK NATIONAL ASSOCIATION v NELSON (169 AD3d 110):
2nd Dept. App. Div. order of 1/23/19; affirmance with one-Justice dissent; leave to appeal granted by App. Div., 7/2/19; Parties--Standing--Whether, in a mortgage foreclosure action in which the complaint alleges that the plaintiff is the owner and holder of the note and mortgage, the denial of that allegation in the answer is alone sufficient to assert that the plaintiff lacks standing, thereby placing the question of standing in issue; Supreme Court, Kings County, granted plaintiff's motion for a judgment of foreclosure and sale and denied their cross motion pursuant to CPLR 3211(a) and RPAPL 1303 to dismiss the complaint insofar as asserted against them; App. Div. affirmed.

COUNTY OF WAYNE, MATTER OF (SCHENK) (169 AD3d 1501):
4th Dept. App. Div. order of 2/8/19; reversal; sua sponte examination of whether the order appealed from finally determines the proceeding within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; Taxation--Tax Liens--Tax Sales and Tax Titles-- Whether motion to vacate default judgment of foreclosure was untimely; whether Supreme Court properly granted request for an extension of time to make motion to vacate default judgment of foreclosure; alleged due process violation; Supreme Court, Wayne County, conditionally granted respondents' motion to vacate a default judgment of foreclosure; App. Div. reversed and denied the motion.