Return to New Filings Page


For July 8, 2022 through July 14, 2022, the following preliminary appeal statements were filed:

FRACCOLA v 1st CHOICE REALTY (206 AD3d 1649):
4th Dept. App. Div. order of 6/3/22; affirmance; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution and whether any jurisdictional basis exists for an appeal as of right; Motions and Orders--Denial of motion to vacate a prior order dismissing the complaint; Supreme Court, Oneida County, among other things, denied the motion of plaintiff to vacate a prior order dismissing the complaint; App. Div. affirmed.

For July 15, 2022 through July 21, 2022, the following preliminary appeal statements were filed:

BAZDARIC v ALMAH PARTNERS (203 AD3d 643):
1st Dept. App. Div. order of 3/31/22; reversal and dismissal; leave to appeal granted by the App. Div.; Rule 500.11 review pending; Labor--Safe Place to Work-- Whether the Appellate Division properly granted summary judgment dismissing plaintiff's Labor Law § 241 (6) claim because a plastic covering placed on the stairs of an escalator to protect it from dripping paint was integral to the work of painting; Supreme Court, New York County, among other things, granted plaintiffs' motion for summary judgment as to liability on their Labor Law § 241 (6) cause of action and denied defendants' cross motion for summary judgment dismissing the section 241 (6) cause of action; App. Div. reversed, denied plaintiffs' motion for summary judgment and granted defendants' cross motion for summary judgment dismissing the section 241(6) cause of action.

GOTTWALD v SEBERT (203 AD3d 488):
1st Dept. App. Div. order of 3/10/22; reversal and denial of motion; leave to appeal granted by the App. Div. on a certified question; Statutes--Retroactive Application of Statutes--Whether the legislature intended for its 2020 amendments to the anti-strategic lawsuit against public participation (anti-SLAPP) law (see Civil Rights Law §§ 70-a, 76-a) to apply retroactively to claims pending at the time the amendments became effective; Supreme Court, New York County, granted defendant's motion for a ruling that Civil Rights Law § 76-s applies to plaintiffs' defamation claims against her and for leave to assert a counterclaim against plaintiffs under Civil Rights Law § 70-a; App. Div. reversed and denied motion.

PEOPLE BY JAMES v ALLEN (198 AD3d 531):
Supreme Court, New York County order of 6/3/22; appointment of receiver; sua sponte examination of whether the order appealed from finally determines the action and whether a substantial constitutional question is directly involved to support the appeal taken as of right; Fraud--Martin Act--Whether the Martin Act claims are preempted by federal law; Limitation of Actions--Whether CPLR 213 (9)'s six-year statute of limitations applies to plaintiff's Martin Act claims; alleged due process and contracts clause violations; Supreme Court, New York County, entered judgment against defendants and relief defendants in plaintiff's favor; App. Div., inter alia, affirmed the judgment; Supreme Court, New York County, inter alia, appointed a receiver.

MATTER OF RAMIREZ v SELECTIVE ADVISORS GROUP (202 AD3d 608):
1st Dept. App. Div. order of 2/22/22; dismissal; sua sponte examination of whether a substantial constitutional question is directly involved to support the appeal taken as of right; Appeal--Appeal as of Right--Appeal from sua sponte order; Supreme Court, New York County, sua sponte dismissed the petition; App. Div. dismissed the appeal.

PEOPLE v SAENGER (MICHAEL) (202 AD3d 1001):
2nd Dept. App. Div. order of 2/16/22; modification; leave to appeal granted by Troutman, J., 7/1/22; Crimes--Indictment--Whether indictment charging defendant with aggravated family offense (see Penal Law § 240.75) is jurisdictionally defective when it does not state the specified misdemeanor offense the defendant is accused of committing; Supreme Court, Queens County, convicted defendant of criminal contempt in the first degree, aggravated family offense, and criminal contempt in the second degree, and imposed sentence; App. Div. modified by vacating the conviction of criminal contempt in the second degree and the sentence imposed thereon, and dismissing that count of the indictment; and as so modified, affirmed the judgment.

For July 22, 2022 through July 28, 2022, the following preliminary appeal statements were filed:

MATTER OF ESTATE OF FRANK I. MAIKA (206 AD3d 1563):

4th Dept. App. Div. order of 6/3/22; reversal, with two Justices dissenting; Powers--Powers of Attorney--Whether transfer of real property to attorneys in fact was improper gift; attorneys in fact, two children of property owner, voted with other attorneys in fact to transfer property to them as compensation for services rendered to parent; Supreme Court, Onondaga County, denied respondents' motion for summary judgment dismissing the petition and granted the petition; App. Div. reversed, granted respondents' motion for summary judgment, and dismissed the petition.


ROMAN CATHOLIC DIOCESE v VULLO (206 AD3d 1074):
3rd Dept. App. Div. order of 6/2/22; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Constitutional Law--Whether, in light of the U.S. Supreme Court holding in Fulton v Philadelphia (592 US —, 141 S Ct 1868 [2021]), Catholic Charities of Diocese of Albany v Serio (7 NY3d 510 [2006]) remains controlling law in this action challenging regulation requiring health insurance policies in New York 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, U.S. Sup. Ct. vacated and remanded; App. Div., upon remand from the Supreme Court of the United States, affirmed.