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For August 30, 2024 through September 5, 2024, the following preliminary appeal statements were filed:

MATTER OF AMEDURE v SNY (— AD3d —, 2024 NY Slip Op 04295):
APL-2024-00121 3rd Dept. App. Div. order of 8/23/24; modification; Elections--Ballots--Whether Election Law § 9-209 (2) (g) is unconstitutional; Supreme Court, Saratoga County, partially granted petitioners' application, in a combined proceeding pursuant to Election Law article 16 and CPLR article 78 and action for declaratory judgment to, among other things, declare that laws of 2021, chapter 763 is unconstitutional; App. Div. modified by reversing so much of the judgment as declared Election Law § 9-209 (2) (g) unconstitutional, dismissed the petition/complaint, declared Laws of 2021, chapter 763 constitutional and valid, and, as so modified, affirmed.

MATTER OF CARTWRIGHT v KENNEDY (— AD3d —, 2024 NY Slip Op 04354):
APL-2024-00123 3rd Dept. App. Div. order of 8/29/24; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support the appeal taken as of right; Elections--Residence Requirement--Whether address listed in independent nominating petition was candidate's address within the meaning of Election Law § 1-104 (22); alleged constitutional violations; Supreme Court, Albany County, inter alia, denied certain respondents' motion to dismiss the petition; Thereafter, Supreme Court, Albany County, granted petitioners' application, in a proceeding pursuant to Election Law §16-102, to declare invalid the independent nominating petition designating certain respondents as candidates of the independent body We The People for the public offices of President of the United States, Vice President of the United States and Electors of President of the United States and Vice President of the United States in the November 5, 2024 general election; App. Div. dismissed the appeal from the order and affirmed the corrected judgment.

FRESH AIR FOR THE EASTSIDE v STATE OF NY (229 AD3d 1217):
APL-2024-00122 4th Dept. App. Div. order of 7/26/24; modification; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Environmental Conservation--Air Pollution Control--Whether plaintiff failed to state a cause of action alleging that odors and fugitive emissions from subject landfill violate members of non-profit's environmental rights under the Green Amendment to the New York State Constitution (see NY const, art I, § 19); Supreme Court, Monroe County, granted the motions of defendants City of New York and Waste Management of New York, LLC, to dismiss the complaint against them and denied the motion of defendants State of New York and New York State Department of Environmental Conservation to dismiss the complaint against them; App. Div. dismissed the appeal of defendant Waste Management of New York LLC and modified the order appealed from by granting the motion of defendants State of New York and New York State Department of Environmental Conservation and dismissed the complaint in its entirety and, as so modified, affirmed.

PEOPLE v HERNANDEZ (ROSEMARY) (224 AD3d 415):
APL-2024-00113 1st Dept. App. Div. order of 2/1/24; affirmance; leave to appeal granted by Cannataro, J., 8/20/24; Crimes--Sentence--Whether the imposition of a term of postrelease supervision is permissible when an individual is convicted of a Class A felony and sentenced pursuant to the Domestic Violence Survivors Justice Act (see Penal Law § 60.12); Supreme Court, Bronx County, convicted defendant, upon a plea of guilty, of murder in the second degree, and sentenced defendant to a term of imprisonment of 10 years, with five years' postrelease supervision; App. Div. affirmed.

MATTER OF HUDSON VALLEY v CITY OF KINGSTON (227 AD3d 1):
APL-2024-00115 3rd Dept. App. Div. order of 3/21/24; modification; leave to appeal granted by the Appellate Division, 8/22/24; Landlord and Tenant--Rent Regulation--Whether respondent Common Council's declaration of public housing emergency under Emergency Tenant Protection Act of 1974 (McKinney's Uncons Laws of NY § 8621 et seq. [EPTA]), as permitted by the Housing Stability and Tenant Protection Act of 2019 (L 2019, ch 36), was arbitrary and capricious; whether rent adjustment guideline and fair market rent guideline adopted by rent guidelines board exceeded the board's authority under the ETPA; Supreme Court, Ulster County, partially granted petitioners' application (1) to annul a determination of respondent City of Kingston Common Council declaring a public housing emergency, and (2) to review a determination of respondent Kingston New York Rent Guidelines Board implementing certain guidelines; App. Div. modified, by reversing so much of the judgment as declared that the November 9, 2022 determination of respondent Kingston New York Rent Guidelines Board was invalid and remitted for the purpose of establishing new guidelines; declared said determination valid; and, as so modified, affirmed.

SIMON v FRANCINVEST (2024 NY Slip Op 71515[U]):
APL-2024-00119 1st Dept. App. Div. order of 7/25/24; 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; Corporations--Shareholders' Derivative Action--alleged constitutional violations; Supreme Court, New York County, denied plaintiff's motion under CPLR 3025(b) and 5015(a)(3) to amend the third amended complaint to reinstate claims (except as to Jean-Francois Simon and Charles Raab, individually) and parties previously dismissed from the action and to add new claims against new parties based on new evidence; App. Div. affirmed 4/8/22 order; App. Div. denied motion for reargument of or leave to appeal from April 23, 2024 order.

PEOPLE v ANGELA VV. (229 AD3d 955):
APL-2024-00116 3rd Dept. App. Div. order of 7/18/24; affirmance; leave to appeal granted by Fisher, J., 8/23/24; Crimes--Sentence--Whether defendant established entitlement to resentencing under the Domestic Violence Survivors Justice Act; Supreme Court, Franklin County, denied defendant's motion for resentencing pursuant to CPL 440.47; App. Div. affirmed.

For September 6, 2024 through September 12, 2024, the following preliminary appeal statements were filed:

MATTER OF SHERR v EVERETT (228 AD3d 872):
APL-2024-00100 2nd Dept. App. Div. order of 6/20/24; confirmed determination; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Licenses--Firearms--Whether the denial of petitioner's application to amend his pistol permit was properly confirmed; alleged Second Amendment violation; App. Div., in a proceeding under CPLR article 78 to review a determination of respondent, a Justice of Supreme Court, Westchester County, dated April 28, 2023, which denied, without a hearing, petitioner's application to amend his pistol permit, confirmed determination, denied the petition, and dismissed the proceeding.