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For September 11, 2020 through September 17, 2020, the following preliminary appeal statements were filed:

CALLEN, MATTER OF v NEW YORK CITY LOFT BOARD (181 AD3d 39):
1st Dept. App. Div. order of 1/16/20; modification; leave to appeal granted by Court of Appeals, 9/1/20; Landlord and Tenant--Loft Law--Whether respondent Loft Board has the authority to deny a tenant's request to withdraw an application for the legal conversion of a loft from commercial use to residential use pursuant to the Loft Law (see Multiple Dwelling Law 7-C); Supreme Court, New York County, granted the petitions to annul respondent New York City Loft Board's determination, dated March 16, 2017, which rejected applications for reconsideration of a prior determination rejecting a proposed settlement agreement between petitioner building owner and residential tenants and remanded the matter for administrative resolution of the tenants' application for Loft Law coverage; App. Div. modified, denied the CPLR article 78 petitions in part; and, as so modified, affirmed the judgments and remitted the matters to respondent Board for further proceedings consistent therewith.

HOFFAY, MATTER OF v TOWN OF SAND LAKE (185 AD3d 1306):
3rd Dept. App. Div. order of 7/23/20; modification; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Municipal Corporations--Zoning--Whether local law, which includes revised zoning districts, creates unconstitutional zoning barriers and unlawfully discriminates against religious land uses; Supreme Court, Rensselaer County, dismissed petitioner's applications, in three combined CPLR article 78 proceedings and declaratory judgment actions, to review a determination of respondent Town Board of the Town of Sand Lake enacting Local Law No. 4 (2017) of the Town of Sand Lake; App. Div. modified, by (1) reversing so much of the judgment as found that certain petitioners lacked standing; and (2) annulling § 250-99(C) and (G) of Local Law No. 4 (2017) of the Town of Sand Lake; and as so modified, affirmed.

MENTAL HYGIENE LEGAL SERVICE, MATTER OF v DELANEY (176 AD3d 24):
3rd Dept. App. Div. order of 8/8/19; affirmance; leave to appeal granted by Court of Appeals, 9/1/20; Proceeding Against Body or Officer--Mandamus--When Remedy Available--Whether mandamus was available to challenge placement of developmentally disabled child in hospital emergency room while child waited for a residential placement; Social Services--Medical Assistance--Whether Medicaid Act's requirement that medical assistance "shall be furnished with reasonable promptness to all eligible individuals" (42 USC § 1396a [a] [8]) gives rise to a private right of action; Civil rights--Discrimination Based on Disability--Whether respondent's failure to provide child with certain services violated the Americans with Disabilities Act; Supreme Court, Clinton County, dismissed petitioner's application, in a combined proceeding pursuant to CPLR articles 70 and 78 and action for declaratory judgment, to, among other things, challenge the placement of the subject child at respondent hospital and the services provided by the Office for People with Developmental Disabilities and the Department of Health; App. Div. affirmed.

STEFANIAK v ZULKHARNAIN (180 AD3d 1366):
4th Dept. App. Div. order of 2/7/20; modification; sua sponte examination whether (1) the two-Justice dissent in the 7/11/14 order is on a question of law, and (2) a substantial constitutional question is directly involved to support an appeal as of right from the 2/7/20 order; Attorney and Client--Compensation--Award of nunc pro tunc attorney's fees; Supreme Court, Erie County, inter alia, awarded Roberta L. Reedy, as administrator of the estate of Kevin M. Reedy, a money judgment against defendant in the amount of $70,890; App. Div. modified by striking from the first decretal paragraph the figure of 708.0 and replacing it with the figure 475.0, and by striking from the first and second decretal paragraphs the amount of $70,890 and replacing it with the amount of $47,500, and as so modified, affirmed the order and judgment.

WELLS FARGO BANK, N.A. v FERRATO (183 AD3d 529):
1st Dept. App. Div. order of 5/28/20; affirmance and reversal; leave to appeal granted by App. Div., 8/27/20; Mortgages--Foreclosure--Whether plaintiff failed to affirmatively revoke acceleration of mortgage debt, where plaintiff voluntarily discontinued foreclosure action; Supreme Court, New York County, denied plaintiff's motion to revoke acceleration of a mortgage loan made to defendant; thereafter, denied defendant's motion to dismiss plaintiff's foreclosure action on the basis of CPLR 3211(a)(4) and CPLR 3211(a)(5); App. Div. affirmed the 3/6/18 order and reversed the 8/7/18 order and granted the motion to dismiss.

WILLIAMS (DON), PEOPLE v (184 AD3d 1125):
4th Dept. App. Div. order of 6/12/20; affirmance; leave to appeal granted by Fahey, J., 9/1/20; Crimes--Instructions--Whether the trial court erred when, in response to a jury note, it projected a portion of the court's final instructions on a screen in view of the jury and simultaneously reread that portion of the charge to the jury; Crimes--Fair Trial--Whether defendant was deprived of a fair trial by a remark made by the court and comments of the prosecutor on summation and during cross-examination; Crimes--Jurors--Whether the trial court erred in denying defendant's for cause challenge of a prospective juror; Supreme Court, Monroe County, convicted defendant of criminal possession of a controlled substance in the third degree and criminal possession of a weapon in the second degree; App. Div. affirmed.