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For August 23, 2024 through August 29, 2024, the following preliminary appeal statements were filed:

BANK OF NY MELLON v SANTOS (2024 NY Slip Op 71065[U]):
APL-2024-00118 2nd Dept. App. Div. order of 7/17/24; denied motion; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; Motions and Orders--Whether the Appellate Division properly denied plaintiff's motion for leave to appeal or for an order directing execution of a final judgment of dismissal and, on its own motion, dismissed the appeal purportedly taken as of right; whether plaintiff was improperly denied its appellate rights; Supreme Court, Rockland County, denied plaintiff's motion for an order resettling a prior dismissal order; App. Div. denied branches of motion which are for leave to appeal or, in the alternative for an order directing the Clerk of Supreme Court, Rockland County, to execute a final judgment of dismissal, on the court's own motion, dismissed the appeal purportedly taken as of right, and otherwise denied the motion as academic.

MATTER OF FLAIR BEVERAGES CORP. v TAX APPEALS TRIBUNAL (229 AD3d 1012):
APL-2024-00105 3rd Dept. App. Div. order of 7/25/24; confirmed determination; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Taxation--Whether respondents violated petitioner's due process rights under the federal and New York Constitutions by revoking petitioner's certificate of authority without apprising petition that revocation was a potential penalty for failure to file information returns; Whether Tax Law section 1134(a)(4)(A)(i) is unconstitutionally vague as applied; whether the Appellate Division's determination that petitioner willfully failed to comply with the law is supported by substantial evidence; whether respondents imposed a disproportionate punishment and abused their discretion by proposing to revoke petitioner's certificate of authority without proper notice or evidence of harm resulting from the alleged violations; App. Div. in a proceeding pursuant to CPLR article 78 to review a determination of respondent Tax Appeals Tribunal sustaining a proposed revocation of petitioner's certificate of authority to collect sales tax under Tax Law article 28, confirmed the determination, and dismissed the petition.

PEOPLE v JOHNSON (OMAR) (225 AD3d 453):
APL-2024-00111 1st Dept. App. Div. order of 3/12/24; affirmance; leave to appeal granted by Troutman, J., 8/12/24; Crimes--Appeal--Whether defendant's waiver of his right to appeal forecloses review of his claim that his weapon possession conviction is unconstitutional under New York State Rifle & Pistol Assn., Inc. v Bruen (597 US 1 [2022]); whether defendant has standing to challenge the constitutionality of the New York weapon licensing provision underlying his conviction even though he did not apply for a license to possess the weapon; whether the trial court erred in rejecting defendant's claim that all counts in the indictment had to be dismissed because they violated his Second Amendment right to carry a firearm in public by requiring him to obtain a license under an unconstitutional licensing scheme; Supreme Court, Bronx County, convicted defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentenced him to five years' probation; App. Div. affirmed.

KEGELMAN v TOWN OF OTSEGO (229 AD3d 998):
APL-2024-00114 3rd Dept. App. Div. order of 7/18/24; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Limitation of Actions--Whether plaintiffs' converse condemnation action was properly dismissed as untimely; Supreme Court, Otsego County, granted defendant's cross-motion for summary judgment dismissing the complaint; App. Div. affirmed.

MATTER OF LEWIS v BOARD OF ELECTIONS (2024 NY Slip Op 73810[U]):
APL-2024-00120 3rd Dept. App. Div. order of 8/27/24; dismissal; 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 erred as a matter of law or abused its discretion in dismissing the appeal; Supreme Court, Albany County, dismissed the proceeding as untimely pursuant to Election Law 16-102 (2); App. Div. granted the motion to dismiss the appeal.