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For August 11, 2023 through August 17, 2023, the following preliminary appeal statements were filed:

BRISMAN (JASON), PEOPLE v (200 AD3d 1219):
3rd Dept. App. Div. order of 12/9/21; affirmance; leave to appeal granted by Wilson, Ch.J., 7/19/23; Rule 500.11 review pending; Crimes--Sentence--Whether Appellate Division erred in requiring a showing of extraordinary circumstances or an abuse of discretion to invoke its interest of justice jurisdiction to reduce a sentence; whether the Appellate Division properly held that defendant failed to preserve his claim that the sentence imposed served to punish him for exercising his right to a trial; whether the evidence at trial was legally sufficient to establish that defendant committed the crime of promoting prison contraband in the first degree; County Court, Chemung County, upon a verdict convicted defendant of the crime of promoting prison contraband in the first degree; App. Div. affirmed.

MATTER OF HUNTLEY POWER v TOWN OF TONAWANDA (Proceeding 1) (217 AD3d 1325):
4th Dept. App. Div. order of 6/9/23; dismissal; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Eminent Domain--Public Use--Whether the Town's failure to timely publish its determination and findings in compliance with EDPL 204(a) is a fatal defect requiring rejection of the determination and findings; whether the taking fails to serve a public purpose and violates the New York and United States Constitutions; whether the Town failed to comply with the requirements of the State Environmental Quality Review Act; App. Div. in a proceeding pursuant to Eminent Domain Procedure Law § 207 to review a determination of respondent approving the condemnation of certain real property, dismissed the proceeding.

MATTER OF HUNTLEY POWER v TOWN OF TONAWANDA (Proceeding 2) (217 AD3d 1325):
4th Dept. App. Div. order of 6/9/23; confirmed determination; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Eminent Domain--Public Use--Whether the Town's failure to timely publish its determination and findings in compliance with EDPL 204(a) is a fatal defect requiring rejection of the determination and findings; whether the taking fails to serve a public purpose and violates the New York and United States Constitutions; whether the Town failed to comply with the requirements of the State Environmental Quality Review Act; App. Div. in a proceeding pursuant to Eminent Domain Procedure Law § 207 to review a determination of respondent approving the condemnation of certain real property, confirmed the determination and dismissed the petition.

MATTER OF IBHAWA v NYSDHR (217 AD3d 1500):
4th Dept. App. Div. order of 6/30/23; reversal; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Civil Rights--State Division of Human Rights--Whether respondent New York State Division of Human Rights properly dismissed petitioner's administrative discrimination complaint against respondent Diocese of Buffalo for lack of jurisdiction based on the ministerial exception to employment discrimination claims; Supreme Court, Erie County, in this proceeding pursuant to Executive Law § 298 seeking to annul the determination of respondent New York State Division of Human Rights dismissing petitioner's administrative discrimination complaint against his former employer for lack of jurisdiction, granted the petition in part by annulling the determination insofar as it dismissed the claim of hostile work environment and remanded the matter; App. Div. reversed, dismissed petition in its entirety, and reinstated determination to the extent it dismissed the hostile work environment claim.

MATTER OF KASOWITZ BENSON v JP MORGAN CHASE (209 AD3d 529):
1st Dept. App. Div. order of 10/18/22; affirmance; leave to appeal granted by the Court of Appeals, 6/15/23; Liens--Priority--Whether assignees are required to intervene in post-assignment suits involving their assignors on penalty of being bound by the judgment in that suit in future litigation; Supreme Court, New York County, granted the Dakota's summary judgment motion and denied Chase's summary judgment motion, unanimously dismissed, without costs, as subsumed in the appeal from the judgment; Supreme Court, New York County declared that the lien of The Dakota, Inc. is prior to that of JPMorgan Chase Bank, N.A, App. Div. affirmed judgment and dismissed appeal from 8/4/21 order as subsumed in the appeal from the judgment.

MAKHNEVICH v BOARD OF MANAGERS (217 AD3d 630):
1st Dept. App. Div. order of 6/29/23; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Appeal--Dismissal--Whether the Appellate Division properly dismissed the appeal from the 3/28/22 order; alleged due process violations; Supreme Court, New York County, denied plaintiff's motion to resettle or clarify the 11/15/21 order; Supreme Court, New York County, denied plaintiff's motion to renew defendants' motions; Supreme Court, New York County, granted defendants' motion to dismiss the complaint; App. Div. affirmed 7/21/21 order and 11/15/21 order, and dismissed appeal from 3/28/22 order.

For August 18, 2023 through August 24, 2023, the following preliminary appeal statements were filed:

MCGOVERN (RANDALL K.), PEOPLE v (214 AD3d 1339):
4th Dept. App. Div. order of 3/17/23; affirmance; leave to appeal granted by Wilson, Ch. J., 8/2/23; Crimes--Sentence--Whether defendant was improperly sentenced to consecutive terms of imprisonment for forgery in the second degree and grand larceny in the third degree when the act of forgery was the method by which the larceny was committed; County Court, Erie County, convicted defendant upon a jury verdict of grand larceny in the third degree, forgery in the second degree, petit larceny, attempted grand larceny in the third degree, and scheme to defraud in the first degree; App. Div. affirmed.

MATTER OF NIAGARA FALLS REDEVELOPMENT v CITY OF NIAGARA FALLS (218 AD3d 1306):
4th Dept. App. Div. order of 7/28/23; confirmed determination; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Eminent Domain--Whether respondent City's determination to exercise its eminent domain power was rationally related to a conceivable public purpose, namely, developing parkland and other recreational space, and revitalizing and redeveloping a longstanding vacant lot; App. Div., in a proceeding pursuant to Eminent Domain Procedure Law § 207 to annul the determination of respondent authorizing the condemnation of certain real property, confirmed the determination and dismissed the petition.

For August 25, 2023 through August 31, 2023, the following preliminary appeal statements were filed:

KING (ALVIN), PEOPLE v (216 AD3d 1400; 216 AD3d 1410):
4th Dept. App. Div. order of 5/5/23; leave to appeal granted by Odgen, J., 8/1/23; Crimes—Right to Speedy Trial—Whether CPL article 245, the provisions of which tied the People's declaration of readiness for trial to a certificate of compliance with the article's discovery requirements, invalidate a statement of readiness which was made prior to the effective date of the article; Supreme Court, Onondaga County, convicted defendant upon a jury verdict of assault in the second degree, criminal possession of a weapon in the third degree, endangering the welfare of a child (two counts), menacing in the second degree (two counts), menacing a police officer or peace officer and resisting arrest; Supreme Court, Onondaga County, denied defendant's motion to vacate the judgment under CPL article 440; App. Div., with one Justice dissenting, dismissed appeal from order; App. Div., with one Justice dissenting, reversed judgment, granted part of motion seeking to dismiss indictment under CPL 30.30, dismissed the indictment, and remitted the matter to Supreme Court for proceedings pursuant to CPL 470.45.

SULLIVAN (KEVIN), PEOPLE v:
County Court, Erie County order of 2/6/23; leave to appeal granted by Troutman, J., 7/5/23; Crimes—Right to Speedy Trial—Whether People's certificate of compliance was invalid under CPL 30.30(1) because it was filed before disclosure of all of the discovery required under CPL 245.50; Town Court, Town of Amhearst, granted defendant's motion to dismiss the accusatory instrument; County Court, Erie County, reversed and reinstated the accusatory instrument.