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For September 8, 2023 through September 14, 2023, the following preliminary appeal statements were filed:

FARMER v GAZEBO CONTRACTING (218 AD3d 644):
2nd Dept. App. Div. order of 7/19/23; affirmance; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution and whether any jurisdictional basis exists for the appeal; Negligence-- Maintenance of Premises--Whether defendant established entitlement to summary judgment dismissing complaint against it; plaintiff sustained injuries when he stepped in an uncovered hole on a sidewalk; Supreme Court, Queens County, granted that branch of the motion of defendant Gazebo Contracting, Inc., which was for summary judgment dismissing the complaint insofar as asserted against it, and denied those branches of the plaintiff's cross-motion which were pursuant to CPLR 3126 to strike the defendants' respective answers; App. Div., inter alia, affirmed.

FARRELL (CHRISTOPHER), PEOPLE v:
County Court, Ulster County order of 11/17/22; reversal; leave to appeal granted by Cannataro, 8/24/23; Constitutional Law--Validity of Statute--Whether Agriculture and Markets Law § 353 is void for vagueness as applied to veterinary neglect; City Court, Kingston, dismissed the accusatory instrument; County Court, Ulster County, reversed, reinstated accusatory instrument, and remitted to city court.

LUCAS (ANTWYNE), PEOPLE v (215 AD3d 763):
2nd Dept. App. Div. order of 4/12/23; affirmance; leave to appeal granted by Troutman, J., 8/22/23; Crimes--Right to Counsel--Effective Representation--Whether defendant was denied the effective assistance of counsel when the suppression hearing testimony established that the complainant was unsure about defendant's role in the incident but counsel did not impeach the trial testimony of complainant or a detective that the complainant had previously identified defendant as the gunman and main perpetrator; whether defendant was denied the effective assistance of counsel when counsel consented to the omission of a jury instruction on cross-racial identification; Supreme Court, Richmond County, convicted defendant of robbery in the first degree, upon a jury verdict, and imposed sentence; App. Div. affirmed.

For September 15, 2023 through September 21, 2023, the following preliminary appeal statements were filed:

CHESWOLD v WYNN (2023 NY Slip Op 62783[U]):
4th Dept. App. Div. order of 2/27/23; denial; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution and whether any jurisdictional basis exists for an appeal as of right; Appeal- -Stay; App. Div. denied a motion for a stay and for other relief.

For September 22, 2023 through September 28, 2023, the following preliminary appeal statements were filed:

PRIMOSCH v PEROXYCHEM (219 AD3d 1151; 219 AD3d 1154):
4th Dept. App. Div. order of 8/11/23; dismissal; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution; Labor--Safe Place to Work--Whether plaintiff established entitlement to summary judgment for claims based on violations of Labor Law §§ 200, 240(1) and 241(6); plaintiff sustained injuries when he received an electric shock while performing work on a vacuum circuit breaker at defendant's substation; Supreme Court, Erie County, granted the motion of plaintiffs for summary judgment on liability pursuant to Labor Law § 200 and denied the cross motion of defendant for summary judgment dismissing the complaint; Supreme Court, Erie County, upon reargument, adhered to a prior determination denying those parts of the cross-motion of defendant for summary judgment dismissing the Labor Law §§ 240 (1) and 241 (6) claims and granted plaintiffs summary judgment on their Labor Law § 240 (1) claim; App. Div. (1) dismissed the appeal from the 1/7/22 order insofar as it denied those parts of defendant's cross-motion seeking summary judgment dismissing plaintiffs' Labor Law §§ 240 (1) and 241 (6) claims and otherwise modified the order by denying plaintiffs' motion; and (2) reversed the 6/3/22 order, granted defendant's cross motion in part, and dismissed plaintiffs' Labor Law §§ 240 (1) and 241 (6) claims.

REGAN v W ASSOCIATES (211 AD3d 621):
1st Dept. App. Div. order of 12/22/22; affirmance; leave to appeal granted by the Court of Appeals, 9/19/23; Rule 500.11 review pending; Negligence--Foreseeability-- Whether the courts below properly concluded that defendants were entitled to summary judgment because plaintiff's accident was unforeseeable as a matter of law or because her own conduct was the sole proximate cause of her injuries; Supreme Court, New York County, granted defendants' motion for summary judgment dismissing the complaint; App. Div. affirmed.