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For September 13, 2024 through September 19, 2024, the following preliminary appeal statements were filed:

GALANTE v KARLIS (229 AD3d 1311):
APL-2024-00117 4th Dept. App. Div. order of 7/26/24; dismissal; Negligence--Assumption of Risk-- Whether the Appellate Division misapplied Custodi v Town of Amherst, 20 NY3d 83 (2012), and erred by concluding that being hit by a car is an inherent risk of playing golf; Supreme Court, Erie County, granted the motion to dismiss two of County defendants' affirmative defenses, and granted the cross motion for summary judgment by defendants Elma Meadows Golf Course, County of Erie, and County of Erie Parks, Recreation and Forestry (CPRF), in part and dismissed the complaint against the golf course and CPRF, and otherwise denied the cross-motion; App. Div., with two Justices dissenting, dismissed appeal insofar as taken by defendants Elma Meadows Golf Course and County of Erie Parks, Recreation and Forestry, reversed, denied the motion in part, reinstated the 11th affirmative defense, granted the cross-motion in its entirety, and dismissed the complaint against defendant County of Erie.

PEOPLE v ARTHUR H. MORGAN, JR. (230 AD3d 864):
APL-2024-00124 3rd Dept. App. Div. order of 8/8/24; affirmance; leave to appeal granted by Powers, J., 9/11/24; Crimes--Verdict--Sufficiency of the Evidence--Whether the evidence was legally sufficient to support the conviction of manslaughter in the first degree; Crimes--Witnesses--Expert Witness--Whether grand jury proceedings were impaired by forensic pathologist's testimony as to the victim's manner of death; Crimes--Suppression--Whether County Court erred in finding reconsideration of defendant's suppression motion to be barred by law of the case; Crimes--Witnesses-- Whether County Court erred in allowing witness to testify about domestic violence between the defendant; Crimes--Confrontation--Whether County Court's admission of testimony from prior trial into evidence violated defendant's right of confrontation; Crimes--Jurors--Challenge to Juror--Whether County Court erred in rejecting defendant's Batson challenges; Crimes--Lesser Included Offense--Whether County Court erred in instructing the jury on the lesser included offense of manslaughter in the first degree; County Court, Columbia County, convicted defendant of the crime of manslaughter in the first degree; App. Div. affirmed.