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For August 26, 2022 through September 1, 2022, the following preliminary appeal statements were filed:

KARN v STATE OF NEW YORK:
Order of the Court of Claims (5/9/22); dismissal; sua sponte examination of whether any basis exists for an appeal as of right; Appeal; Court of Claims, dismissed claim.

ROWE v U.S. BANK (2022 NY Slip Op 68744[U]): ( 2022 NY Slip Op 68745[U]):
2nd Dept. App. Div. order of 7/18/22; denial of motion; sua sponte examination of whether the order appealed from finally determines the action and whether any jurisdictional basis exists for an appeal as of right; Mortgages--Foreclosure; Supreme Court, Suffolk County granted motions to dismiss the complaint (5/24/21 order); Supreme Court, Suffolk County denied the motion to reargue (9/24/21 order); App Div., inter alia, (1) granted the motion to dismiss the appeal from the 5/4/21 Supreme Court order and (2) held in abeyance the motion to dismiss the appeal from the 9/24/21 Supreme Court order.

For September 2, 2022 through September 8, 2022, the following preliminary appeal statements were filed:

WEINSTEIN, (HARVEY), PEOPLE v (207 AD3d 33):
1st Dept. App. Div. order of 6/2/22; affirmance; leave to appeal granted by DiFiore, Ch. J. 8/19/22; Crimes--Rape--Statute of Limitations--Whether statute of limitations was tolled where defendant, resident of New York, was outside the state for a period following the commission of the offense (see CPL 30.10 (4) (a) (I); Crimes--Jurors–Whether trial court properly denied defendant's for-cause challenges to a juror, made both before and after the jury was sworn; Crimes--Proof of Other Crimes--Whether trial court properly allowed prosecution to present Molineux evidence consisting of defendant's uncharged crimes of sexual assault; Crimes--Defendant as Witness--Impeachment--Sandoval Material–Whether trial court abused its discretion in partially granting prosecution's Sandoval motion, which would have permitted the People to ask defendant about 28 acts spanning nearly 30 years, including uncharged sex offenses and other uncharged bad acts; Supreme Court, New York County, convicted defendant of criminal sexual act in the first degree and rape in the third degree, and sentenced him to consecutive terms of 20 years and 3 years; App. Div. affirmed.

For September 9, 2022 through September 15, 2022, the following preliminary appeal statements were filed:

CRUZ (JAIME), PEOPLE v (69 Misc 3d 131[A], 2020 NY Slip Op 51185[U]):
1st Dept., App. Term order of 10/9/20; affirmance; leave to appeal granted by Garcia, J., 8/22/22; Rule 500.11 review pending; Crimes--Accusatory Instrument-- Whether the accusatory instrument charging defendant with criminal possession of a controlled substance in the seventh degree was jurisdictionally defective under People v Hill (38 NY3d 460); Criminal Court, New York City, convicted defendant, upon a guilty plea, of criminal possession of a controlled substance in the seventh degree, and imposed sentenced; App. Div. affirmed.

JOHNSON (TYQUAN), PEOPLE v (206 AD3d 1702):
4th Dept. App. Div. order of 6/10/22; affirmance; leave to appeal granted by Wilson, J. 8/24/22; Crimes--Unlawful Search and Seizure--Whether the arresting officer had the requisite predicate under People v DeBour (40 NY2d 210 [1976]) at each level of the encounter with defendant; Supreme Court, Monroe County, convicted defendant after a nonjury trial of criminal possession of a controlled substance in the third degree (two counts) and unlawful possession of marihuana; App. Div. affirmed.

MOSLEY (FAROD), PEOPLE v (200 AD3d 1658):
4th Dept. App. Div. order of 12/23/21; affirmance; leave to appeal granted by Lindley, J. 8/4/22; Rule 500.11 review pending; Crimes--Evidence--Whether County Court erred in allowing police detective to identify defendant in surveillance video; Crimes--Instructions--Whether the trial court erred in declining defendant's request for an adverse inference instruction based on People's failure to preserve a surveillance video; Crimes--Evidence--Whether defendant's conviction is supported by legally sufficient evidence; Crimes--Sentence--Youthful Offender--Whether sentencing court abused its discretion in refusing to grant defendant youthful offender status; County Court, Onondaga County, convicted defendant of criminal possession of a weapon in the second degree (two counts) and reckless endangerment in the first degree, and imposed sentence; App. Div. affirmed.

MATTER OF ST. LAWRENCE COUNTY v CITY OF OGDENSBURG (— AD3d —, 2022 NY Slip Op 04932):
3rd Dept. App. Div. order of 8/11/22, affirmance with two Justices dissenting; sua sponte examination of whether the order appealed from finally determines the proceeding within the meaning of the Constitution and whether the challenge to the City of Ogdensberg's obligation to enforce delinquent taxes of the Ogdensberg City School District has been rendered moot; Municipal Corporations--Whether Ogdensburg Local Law 2-2021, which requires St. Lawrence County to enforce the City's delinquent taxes and make the City whole for uncollected City-levied taxes, is preempted by the Real Property Tax Law (RPTL) and not authorized by RPTL 936; whether the local law violates New York State Constitution, article IX, § 2(d) and Municipal Home Rule Law § 10(5); Supreme Court, St. Lawrence County, in a combined proceeding pursuant to CPLR article 78, action for declaratory judgment and plenary action, among other things, partially dismissed petitioners' application to declare null and void City of Ogdensburg Local Law No. 2-2021; App. Div. affirmed.

STORA v BOARD OF ELECTIONS (— AD3d —, 2022 NY Slip Op 05183):
2nd Dept. App. Div order of 9/14/22; affirmance; sua sponte examination of whether a substantial constitutional question is involved in the Appellate Division order and whether any jurisdictional basis exists for an appeal as of right; Elections-- Independent Nominating Petitions; Supreme Court, Kings County, denied the petition, inter alia, to validate an independent nominating petition and dismissed the proceeding; App. Div. affirmed.

MATTER OF TEAMSTERS LOCAL 445 v TOWN OF MONROE:
Supreme Court, Dutchess County judgment of 1/24/22; granted petition to compel arbitration; leave to appeal granted by the Court of Appeals on 9/15/22; Arbitration-- Collective Bargaining Agreement--Whether there is a statutory, constitutional, or public policy prohibition against arbitrating a dispute regarding the termination of an employee in an "exempt class" under Civil Service Law section 41(1)(c); Supreme Court, Dutchess County, in a proceeding pursuant to CPLR article 75 to compel arbitration, denied the motion of the Town of Monroe to dismiss the petition; App. Div. affirmed; Supreme Court, Dutchess County, granted petition to compel arbitration.

ZHONG v MATRANGA (2022 NY Slip Op 05063):
1st Dept. App. Div. order of 8/30/22; reversal; Rule 500.11 review pending; Judgments--Summary Judgment--Whether plaintiff raised issue of fact precluding summary judgment in action seeking to recover for personal injuries sustained when defendant, who was riding a bicycle in the bicycle lane, struck plaintiff pedestrian who stepped into bicycle's path; Supreme Court, New York County, denied defendant's motion for summary judgment dismissing the complaint; App. Div., with dissents, reversed, granted the motion for summary judgment, and dismissed the complaint.