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For August 6, 2021 through August 12, 2021, the following preliminary appeal statements were filed:

BUDWILOWITZ v MARC NICHOLAS ASSOCIATES (195 AD3d 404; 2021 NY Slip Op 69207[U]):
1st Dept. App Div. orders of 6/1/2021 and 7/22/2021; dismissal of appeal and denial of motion; sua sponte examination of whether the orders appealed from finally determine the action within the meaning of the Constitution, and whether any jurisdictional basis exists for an appeal as of right; Appeal--Dismissal; Supreme Court, New York County, dismissed the complaint for failure to comply with prior order; App. Div. dismissed the appeal and thereafter denied the motion for reargument or leave to appeal.

EVERHOME MORTGAGE v ABER (195 AD3d 682):
2nd Dept. App. Div. order of 6/9/2021; affirmance with two-Justices concurring in part and dissenting in part; Limitations of Actions--Whether the courts below properly determined that the foreclosure action was time-barred; Supreme Court, Kings County, granted respondents' motion of pursuant to CPLR 3211 (a) (5) to dismiss the amended complaint insofar as asserted against it as time-barred, to cancel a notice of pendency filed against the subject property, and for summary judgment on its counterclaim pursuant to RPAPL article 15 to cancel and discharge of record the mortgage, and denied, as academic, the plaintiff's cross motion, among other things, for summary judgment on the amended complaint insofar as asserted against respondents' Nuchem Aber and Equity Recovery Corporation, to strike their answer and dismiss their counterclaims, and for an order of reference; App. Div. affirmed.

GOTTWALD v SEBERT (193 AD3d 573):
1st Dept. App. Div. order of 4/22/2021; affirmance; Libel and Slander--Public Figure--Whether the plaintiff is a general or limited public figure; whether there is a "sham" exception to the litigation privilege, the pre-litigation privilege, or the privilege codified at Civil Rights Law § 74 and, if so, whether that exception applies; Supreme Court, New York County, upon plaintiffs' and defendants' motions for partial summary judgment, determined, in connection with the defamation claims, that plaintiff Gottwald is not a general or limited public figure and that plaintiffs need not prove by clear and convincing evidence actual malice or "gross irresponsibility" on Kesha's part, that Kesha's lawyer and press agent acted as her agents for the purposes of this action, that none of the alleged defamatory statements constitutes hyperbole or nonactionable opinion, and that Kesha's text message to Lady Gaga was defamatory per se, and, upon a search of the record, dismissed Kesha's breach-of-contract affirmative defense based on the implied covenant of good faith and fair dealing; App. Div. affirmed.

MATTER OF MALDONADO v CAPPETTA (195 AD3d 1562):
4th Dept. App. Div. order of 6/17/2021; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Parent and Child and Family--Support and Custody; Family Court, Oswego County, granted in part and denied in part respondent's objection to an order of the Support Magistrate; App. Div. affirmed.

PORCO v LIFETIME ENTERTAINMENT (195 AD3d 1335):
1st Dept. App Div. order of 6/24/2021; modification; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Judgments--Summary Judgment--Whether plaintiffs raised a matrial issue of fact as to whether subject film - a docudrama that depicted events surrounding a high-profile crime - was so materially and substantially fictitious as to give rise to liability under Civil Rights Law §§ 50, 51; Supreme Court, Clinton County, inter alia, denied defendant's motion for summary judgment dismissing the second amended complaint; App. Div. modified, by reversing so much of the order as denied defendant's motion for summary judgment dismissing the second amended complaint, granted the motion, and, as so modified, affirmed.

For August 13, 2021 through August 19, 2021, the following preliminary appeal statements were filed:

BAINES (DONNELL), PEOPLE v (178 AD3d 476):
1st Dept. App Div. order of 12/10/2019; modification; leave to appeal granted by Wilson, J., 7/13/2021; Crimes--Search Warrant--Whether search warrant was facially insufficient; warrant failed to specify crime for which evidence was sought or describe with particularity the property to be seized; whether suppression court improperly considered supporting materials not incorporated by reference and attached to warrant; Crimes--Right to Counsel--Whether defendant was denied the right to counsel when the trial court permitted defendant to proceed pro se at pretrial proceedings; Crimes--Sufficiency of the Evidence--Whether the evidence was legally sufficient to support defendant's conviction; Supreme Court, New York County, convicted defendant of rape in the first degree, criminal sexual act in the first degree, sex trafficking in the first degree (three counts), promoting prostitution in the second and third degrees, assault in the second degree (three counts), sexual abuse in the first degree, unlawful imprisonment in the second degree and coercion in the first degree, and sentenced him, as a predicate sex offender, to an aggregate term of 50 years; App. Div. modified to the extent of vacating the second-degree promoting prostitution conviction and dismissing the charge, directing that the sentence on the rape conviction run concurrently with all other sentences and directing that the sentences on the convictions of unlawful imprisonment in the second degree and coercion in the first degree run consecutively to all other sentences, resulting in an aggregate term of 28½ to 32 years, and otherwise affirmed.

BONEM v WILLIAM PENN LIFE INSURANCE (190 AD3d 515):
1st Dept. App. Div. order of 1/14/21; reversal; leave to appeal granted by the Court of Appeals; Insurance--Disclaimer of Coverage--Whether plaintiff was entitled to coverage under a life insurance policy where the policy had lapsed due to nonpayment of the premium before insured’s death; Supreme Court, New York County, awarded plaintiff $1 million on a life insurance policy; App. Div. reversed, vacated the judgment, and directed the clerk to enter judgment declaring that plaintiff is not entitled to coverage under the subject insurance policy.

ORTIZ (GUILLERMO), PEOPLE v (189 AD3d 587):
1st Dept. App. Div. order of 12/17/2020; affirmance; leave to appeal granted by Fahey, J., 5/12/2021; Rule 500.11 review pending; Crimes--Confession--Whether defendant's statement that he had a firearm was the product of interrogation; Whether defendant received effective assistance of counsel; Supreme Court, New York County, convicted defendant of criminal possession of a weapon in the second degree, and imposed sentence and, thereafter, denied defendant's CPL 440.10 motion to vacate the judgment; App. Div. affirmed.

PIETROCARLO (GRACE), PEOPLE v (191 AD3d 1263):
4th Dept. App. Div. order of 2/5/2021; affirmance; leave to appeal granted by Wilson, J., 6/11/2021; Rule 500.11 review pending; Crimes--Verdict--Sufficiency of Evidence--Whether verdict convicting defendant of assault in the second degree as an accessory is supported by legally sufficient evidence; Supreme Court, Eric County convicted defendant of assault in the second degree and imposed sentence. App. Div. affirmed.