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For August 12, 2022 through August 18, 2022, the following preliminary appeal statements were filed:

MATTER OF BLACK v NEW YORK STATE TAX APPEALS TRIBUNAL (206 AD3d 1482):
3rd Dept. App. Div. order of 6/30/22; confirmation of determination with dissents; Taxation--Personal Income Tax--Employee Withholding Taxes--Whether the determination of the Tax Appeals Tribunal holding petitioner responsible for corporation's tax liability has a rational basis and is supported by substantial evidence; App. Div. confirmed the determination of respondent Tax Appeals Tribunal sustaining two notices of deficiency of employee withholding taxes against the petitioner and dismissed the CPLR article 78 petition.

VITUCCI v DURST PYRAMID LLC (205 AD3d 441):
1st Dept. App. Div. order of 5/3/22 modification with two Justices dissenting in part; leave to appeal granted by the Appellate Division on a certified question; Labor-- Safe Place to Work--Whether the courts below erred in granting partial summary judgment to plaintiffs on their Labor Law § 240 (1) claim; plaintiff injured while installing a shower curtain rod in the bathroom; whether the Appellate Division properly disregarded an expert affidavit concerning the accident; Supreme Court, New York County, granted plaintiffs' motion for summary judgment on the Labor Law § 240 (1) claim as against defendants Durst Pyramid LLC and Hunter Roberts Construction Group, LLC (together, Durst/Hunter) and declined to address plaintiffs' motion as to Labor Law § 241 (6), denied Durst/Hunter's motion for summary judgment dismissing the complaint as against them and for summary judgment on their contractual and common- law indemnification cross claims, granted defendant Fred Geller Electrical, Inc.'s (Geller) motion for summary judgment dismissing the Labor Law § 200 and common-law negligence claims as against it, and denied Geller's motion for summary judgment dismissing the Labor Law § 241 (6) claim as against it insofar as based on an alleged violation of Industrial Code (12 NYCRR) § 23-1.30 and the contractual and common-law indemnification, contribution, and breach of contract cross claims; App. Div. modified to deny plaintiffs' motion for summary judgment on the Labor Law § 241 (6) claim as against Durst/Hunter, deny Geller's motion for summary judgment dismissing the Labor Law § 200 and common-law negligence claims as against it, grant Durst/Hunter conditional summary judgment on their contractual indemnification cross claims, and grant Geller's motion for summary judgment dismissing the breach of contract cross claims, and otherwise affirmed.

PEOPLE v NOE ZAPATA (205 AD3d 740):
2nd Dept. App. Div. order of 5/4/22; affirmance; leave to appeal granted by Wilson, J., 7/29/22; Crimes--Sentence--Whether CPL 420.35(2-a), which allows courts to waive fees and surcharges for defendants who were less than 21 years old at the time of the offense, applies to cases pending on direct appeal at the time of the statute's enactment; whether defendant was required to preserve the claim that CPL 420.35(2-a) allowed for the waiver of fees and surcharges; Supreme Court, Kings County, convicted defendant of attempted robbery in the second degree under Indictment No. 5975/18, and criminal possession of a firearm under Indictment No. 851/18, and imposed sentence; App. Div. affirmed.