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For September 20, 2024 through September 26, 2024, the following preliminary appeal statements were filed:

PEOPLE v RODERICK COLLIER (223 AD3d 539):
APL-2024-00130 1st Dept. App. Div. order of 1/18/24; affirmance; Crimes--Sex Offenders--Whether the nearly six-year delay between defendant's release and his Sex Offender Registration Act hearing violated due process; Supreme Court, Bronx County, adjudicated defendant a level one sex offender under the Sex Offender Registration Act; App. Div. affirmed.

MATTER OF GU v JAMES:
APL-2024-00131 Supreme Court, New York County, order of 8/16/24; sua sponte examination of whether the order appealed from finally determines the proceeding and whether a direct appeal lies pursuant to CPLR 5601 (b) (2); Motions and Orders--Order to Show Cause; Supreme Court, New York County, struck request for interim relief in the nature of a preliminary injunction.

MATTER OF PARENTS FOR EDUCATIONAL AND RELIGIOUS LIBERTY IN SCHOOLS v YOUNG (230 AD3d 83):
APL-2024-00125 3rd Dept. App. Div. order of 6/27/24; modification; leave to appeal granted by the Appellate Division, 9/12/24; Schools--Whether parents have the right to fulfill the compulsory education mandate by arranging for their child to receive an education from a combination of sources; whether the State Education Department exceeded its authority by adopting and implementing regulations that authorize local schools to direct private school parents to unenroll their children from the school they chose for them and instead enroll them elsewhere; Supreme Court, Albany County, among other things, partially granted petitioners' application in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to declare invalid certain regulations promulgated by respondent Commissioner of Education; App. Div., with one Justice dissenting, modified the judgment by reversing so much thereof as declared 8 NYCRR 130.6 (c) (2) (i) and 130.8 (d) (7) (i) invalid, declared said provisions valid, and, as so modified, affirmed.

SVATOVIC v SHABOT:
APL-2024-00098 Supreme Court, New York County, judgment of 6/10/24; sua sponte examination of whether the order appealed from finally determines the action and whether any jurisdictional basis exists to support an appeal taken as of right; Costs--Counsel Fees-- Alleged constitutional violations; Supreme Court, New York County, (1) denied plaintiff's motion for leave to reinstate his previously dismissed complaint or, in the alternative, for leave to file a new complaint and imposed sanctions against him in the amount of $5,000 payable to the Commissioner of Taxation and Finance, and (2) denied defendant's cross motion for attorney's fees; App. Div. affirmed and remanded the matter for a determination of costs and attorney's fees incurred by defendant in responding to the appeal, and for entry of a litigation injunction; Supreme Court, New York County, awarded judgment in favor of defendant and against plaintiff in the amount of $8,645.82.

For September 27, 2024 through October 3, 2024, the following preliminary appeal statements were filed:

MCCARTHY v COUNTY OF NASSAU (230 AD3d 485):
APL-2024-00133 2nd Dept. App. Div. order of 8/7/24; modification; sua sponte examination of whether the order appealed from finally determines the action and whether a substantial constitutional question is directly involved to support an appeal taken as of right; Municipal Corporations--Taxpayer's Action--Whether the Nassau County Reassessment Phase-In Act of 2020 violates the Equal Protection and Due Process Clauses of the United States and New York Constitutions and article XVI, § 2 of the New York Constitution; Supreme Court, Nassau County, in a combined declaratory judgment action and CPLR article 78 proceeding, denied the plaintiff/petitioner's motions for a preliminary injunction enjoining the defendants/respondents County of Nassau, New York, Nassau County Department of Assessment, Assessment Review Commission, Laura Curran, and David F. Moog from levying and collecting taxes pursuant to the Nassau County Reassessment Phase-In Act of 2020, and granted the motion of the defendants/respondents County of Nassau, New York, Nassau County Department of Assessment, Assessment Review Commission, Laura Curran, and David F. Moog pursuant to CPLR 3211(a)(7) and 7804(f) to dismiss the complaint/petition insofar as asserted against them; App. Div. modified, by deleting the provision of the order granting that branch of the motion of the defendants/respondents County of Nassau, New York, Nassau County Department of Assessment, Assessment Review Commission, Laura Curran, and David F. Moog which was pursuant to CPLR 3211(a)(7) to dismiss the causes of action for a judgment declaring that the Nassau County Reassessment Phase-In Act of 2020 violates the Equal Protection and Due Process Clauses of the United States and New York Constitutions and article XVI, § 2 of the New York Constitution, and adding thereto a provision deeming that branch of the motion to be for a declaratory judgment in those defendants/respondents' favor, and thereupon granting that branch of the motion; and, as so modified, affirmed the order insofar as appealed from, with costs to the defendants/respondents County of Nassau, New York, Nassau County Department of Assessment, Assessment Review Commission, Laura Curran, and David F. Moog, and remitted the matter to Supreme Court for the entry of a judgment, inter alia, declaring that the Nassau County Reassessment Phase-In Act of 2020 does not violate the Equal Protection and Due Process Clauses of the United States and New York Constitutions and article XVI, § 2 of the New York Constitution.

PEOPLE v NICHOLS (STEFAN D.) (227 AD3d 1443):
APL-2024-00126 4th Dept. App. Div. order of 5/3/24; affirmance; leave to appeal granted by the Court of Appeals, 9/17/24; Crimes--Sex Offenders--Whether remittal under Correction Law § 168-n (3) was required where County Court failed to set forth findings of fact and conclusions of law in denying defendant's request for a downward departure; County Court, Monroe County, adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act; App. Div. affirmed.