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For March 8, 2024 through March 14, 2024, the following preliminary appeal statements were filed:

EZRASONS INC. v RUDD (217 AD3d 406):
1st Dept. App. Div. order of 6/1/23; affirmance; leave to appeal granted by the Court of Appeals, 2/22/24; Conflict of Laws--What Law Governs--Whether the courts below erred by dismissing the complaint based on plaintiff's lack of standing to bring this shareholder derivative action; whether this Court's decision in Davis v Scottish Re Group Ltd., 30 NY3d 247 (2017), requires that Business Corporation Law § 626 be applied to this action involving an English corporation doing business in New York because section 260 of England's Companies Act of 2006 is procedural and applies only to derivative actions brought in English courts; whether Business Corporations Law § 626 must be applied to this action under the text of Business Corporations Law § 1319, a statutory choice-of-law rule that plaintiffs purport displaces the common-law internal-affairs doctrine: Supreme Court, New York County, granted defendants' motion to dismiss the complaint for lack of standing; App. Div. affirmed.

HAUSSMANN v BAUMANN (217 AD3d 569):
1st Dept. App. Div. order of 6/22/23; affirmance; leave to appeal granted by the Court of Appeals, 2/22/24; Conflict of Laws--What Law Governs--Whether the courts below erred by dismissing the complaint on the ground that the internal affairs doctrine mandated dismissal for lack of standing; whether this Court's decision in Davis v Scottish Re Group Ltd., 30 NY3d 247 (2017), requires that Business Corporation Law § 626 be applied to this action involving a German corporation doing business in New York because section 148 of the German Stock Corporation Law is procedural and applies only to derivative actions brought in German courts; whether Business Corporations Law § 626 must be applied to this action under the text of Business Corporations Law § 1319, a statutory choice-of-law rule that plaintiffs purport displaces the common-law internal-affairs doctrine; Supreme Court, New York County, granted defendants' motion to dismiss the complaint; App. Div. affirmed.

PEOPLE v HOWARD (CHARLES) (217 AD3d 966):
2nd Dept. App. Div. order of 6/28/23; affirmance; leave to appeal granted by Halligan, J., 2/22/24; Crimes--Robbery--Whether the evidence was legally insufficient to prove defendant's guilt of robbery beyond a reasonable doubt when the sole evidence that defendant committed robbery, rather than larceny, was the trial testimony of the complainant, which was contradicted by the statement the complainant gave to the police of the day of the crime; whether the People proved beyond a reasonable doubt that defendant intentionally threatened the use of force to compel to complainant to deliver up his property; Supreme Court, Kings County, convicted defendant of robbery in the first degree, criminal mischief in the fourth degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposed sentence; App. Div. affirmed.

MATTERS OF JOSHUA J. and CHRISTOPHER J. (220 AD3d 776; 220 AD3d 777):
2nd Dept. App. Div. orders of 10/11/23; dismissal; leave to appeal granted by the Court of Appeals, 2/15/24; Appeal--Academic and Moot Questions--Whether the Appellate Division erred in dismissing as academic mother's appeals from permanency hearing orders; Family Court, Westchester County, continued the subject children's placement until completion of the next permanency hearing or pending further order of the court; Family Court, Westchester County, thereafter continued the subject children's placement until completion of the next permanency hearing or pending further order of the court; App. Div. dismissed as academic the appeals.

PEOPLE ex rel. MAAZEL v GARCIA:
Single Justice, 4th Dept. App. Div. order of 1/12/24; sua sponte examination of whether an order of a single Justice of the Appellate Division is appealable to this Court; Habeas Corpus--Whether a defendant may be remanded without bail without violating his due process rights when his conviction is vacated and a new trial is ordered based on the violation of his constitutional rights; App. Div. Justice dismissed the application and petition for a writ of habeas corpus.

PEOPLE v SANTOS (JUAN M. SILVA) (220 AD3d 547):
1st Dept. App. Div. order of 10/19/23; affirmance; leave to appeal granted by Wilson, Ch J., 2/21/24; Crimes--Plea of Guilty--Whether litigants are permitted to bargain away the Department of Corrections and Community Supervision's Shock program; whether doing so contravenes statutory authority (Corrections Law § 867), the separation of powers doctrine, and public policy; Supreme Court, New York County, convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentenced him to a term of nine years and two years' postrelease supervision; App. Div. affirmed.

MATTER OF RICHARD TT. (223 AD3d 1070):
3rd Dept. App. Div. order of 1/18/24; modification; sua sponte examination of whether the order appealed from finally determines the proceeding within the meaning of the Constitution; Parent, Child and Family--Abused or Neglected Child--Whether respondent mother defaulted in neglect proceeding; Family Court, Schenectady County, granted petitioner's applications, in two proceedings pursuant to Family Court Act article 10, to adjudicate the subject children to be neglected; App. Div. modified by reversing so much of the Family Court order that granted petitioner's application against respondent Kara VV, and remitted the matter to Family Court, Schenectady County, for further proceedings not inconsistent with the court's decision; and, as so modified, affirmed.

For March 15, 2024 through March 21, 2024, the following preliminary appeal statements were filed:

CALABRESE v CITY OF ALBANY (221 AD3d 1152):
3rd Dept. App. Div. order of 11/9/23; affirmance; leave granted by the Appellate Division with certified question 3/7/24; Municipal Corporations--Notice of Street Defect--Whether an electronic communication sent through the City of Albany's online public communication portal may serve as prior written notice of a road defect for the purpose of the prior written notice rule; whether expert testimony that a road defect came about due to pavement settling which occurred in the months following an emergency road excavation created a triable issue of fact as to the affirmative creation exception to the prior written notice rule; whether the City's response to a subterranean water main break was in furtherance of a governmental function entitled to governmental tort immunity; Supreme Court, Albany County, denied plaintiff's motion for summary judgment on the issue of liability and denied defendant's cross-motion for summary judgment dismissing the complaint; App. Div. affirmed.

MATTER OF ANGEL P.H. & OTHERS (223 AD3d 808):
2nd Dept. App. Div. order of 1/24/24; affirmance; sua sponte examination of whether the order appealed from finally determines the proceeding and whether a substantial constitutional question is directly involved to support an appeal as of right; Parent, Child and Family--Order of Protection--Whether a noncitizen charged with a violation of an order of protection in family court is entitled to a jury trial where family court is informed of the noncitizen status and that the noncitizen would be deportable under 8 USC § 1227(a)(2)(E)(ii) if they were found to have violated the order of protection; Family Court, Queens County, in related proceedings pursuant to Family Court Act article 10, finding that Angel P.Q. willfully violated a temporary order of protection, dated July 27, 2022, and directing that he be committed to the custody of the New York City Department of Correction for a period of 10 months; Family Court, Queens County, committed Angel P.Q. to the custody of the New York City Department of Correction for a period of 10 months; App. Div. dismissed the appeal from so much of the order of fact-finding and disposition as committed Angel P.Q. and the appeal from the order of commitment as academic and, insofar as reviewed, affirmed the order of fact- finding and disposition.

WRIGHT v STATE OF NY (221 AD3d 132):
3rd Dept. App. Div. order of 11/22/23; reversal; leave to appeal granted by the Appellate Division with certified question 2/15/24; State--Claim Against the State-- Whether the courts may hold that in enacting the Child Victims Act of 2019 (CVA), the legislature implicitly amended Court of Claims Act § 11(b) to expand the State's waiver of sovereign immunity for purposes of CVA claims; what degree of particularity is required to sufficiently plead the "time when" claims asserted pursuant to the CVA arose; what degree of particularity is required to sufficiently plead the "nature of" claims asserting negligence causes of action; Court of Claims, granted defendant's motion to dismiss claim; App. Div. reversed, denied motion, and remitted for further proceedings.