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For January 23, 2026 through January 29, 2026, the following preliminary appeal
statements were filed:
FOX v STATE OF NY:
APL-2025-00222
Court of Claims orders of 9/10/25; denial of motions; sua sponte examination of whether
the orders appealed from finally determine the action within the meaning of the
Constitution and whether any jurisdictional basis exists for an appeal as of right; Motions
and Orders; Court of Claims denied "Emergency Injunction Motion"; Court of Claims
denied motion for default judgment.
MATTER OF NICHOLAS v MARTUSCELLO (— AD3d —, 2026 NY Slip Op
00181):
APL-2026-00007
3rd Dept. App. Div. order of 1/15/26; affirmance; sua sponte examination of whether a
substantial consititutional question is directly involved in the order appealed from;
Proceeding Against Body or Officer--Whether the courts below erred in dismissing
so much of the petition/complaint as sought orders compelling access to disciplinary
proceeding hearings of Department of Corrections and Community Supervision
employees or to associated disciplinary records; whether the declaratory judgment
action was properly dismissed for want of personal jurisdiction based on the failure
to serve a summons; alleged constitutional violations; Supreme Court, Albany County,
denied petitioner's application to waive costs, fees and expenses; Supreme Court, Albany
County, in a combined proceeding pursuant to CPLR article 78 and action for declaratory
judgment, granted respondent's motion to dismiss the petition/complaint; App. Div.
affirmed.
U.S. BANK v FAHIM (244 AD3d 897):
APL-2026-00005
2nd Dept. App. Div. order of 12/10/25; affirmance; sua sponte examination of whether a
substantial constitutional question is directly involved in the order appealed from;
Mortgages--Foreclosure--Whether the complaint was properly dismissed as
time-barred under the Foreclosure Abuse Prevention Act (FAPA); whether the
retroactive application of FAPA is unconstitutional; Supreme Court, Queens County,
granted the motion of defendants Zakia Fahim and 17740 105th Corp. for leave to renew
(1) those branches of their prior cross-motion which were for summary judgment
dismissing the complaint insofar as asserted against defendant 17740 105th Corp. and on
that defendant's counterclaim pursuant to RPAPL 1501(4) to cancel and discharge of
record the subject mortgage, which had been denied in an order of the same court dated
June 5, 2019, and (2) their prior cross-motion for summary judgment dismissing the
complaint insofar as asserted against them, which had been denied in an order of the same
court dated September 7, 2022, and, upon renewal, in effect, vacated so much of the order
dated June 5, 2019, as denied those branches of the first prior cross-motion and so much
of the order dated September 7, 2022, as denied the second prior cross-motion, and
thereupon granted those branches of the first prior cross-motion and the second prior
cross-motion, and denied the plaintiff's cross-motion, among other things, for summary
judgment on the complaint insofar as asserted against those defendants and for an order
of reference; App. Div. affirmed.