Return to New Filings Page
For October 17, 2025 through October 23, 2025, the following preliminary appeal
statements were filed:
MATTER OF ATTORNEY GENERAL v K.S. (— AD3d —, 2025 NY Slip Op
05142):
APL-2025-00187
1st Dept. App. Div. order of 9/25/25; dismissal; sua sponte examination of whether a
substantial constitutional question is directly involved in the order appealed from;
Appeal—Dismissal—Whether defendant's appeal from the motion court's decision
on the outpatient order of conditions as of right under CPL 330.20(21)(c), which
incorporates CPLR 5701(a)(2)(v), was properly dismissed; whether defendant may
appeal the order of conditions because it affects a "substantial right" under CPLR
5701(a)(2)(v) and New York Constitution article VI, § 4(k); Supreme Court, New
York County, granted Commissioner of the Office of Mental Health's application under
CPL 330.20(12) to extend the outpatient order of conditions for defendant for an
additional two years; App. Div. dismissed appeal.
FARAH v CITY OF NEW YORK (— AD3d —, 2025 NY Slip Op 04978):
APL-2025-00190
2nd Dept. App. Div. order of 9/17/25; affirmance; sua sponte examination of whether a
substantial constitutional question is directly involved in the order appealed from;
Dismissal and Nonsuit—Dismissal of Complaint—Whether the complaint was
properly dismissed as against the moving defendants; whether plaintiff's cause of
action alleging a violation of the Free Exercise Clause of the New York Constitution
was properly dismissed on the ground that plaintiff has no private right of action to
recover damages for alleged violations of the New York State Constitution when the
alleged wrongs could be redressed by alternative remedies including those pursued
under the New York State Human Rights Law and New York City Human Rights
Law; Supreme Court, Kings County, granted the motion of defendants City of New York,
New York City Police Department, Michael Melocowski, and New York City
Department of Health and Mental Hygiene under CPLR 3211(a) to dismiss the complaint
insofar as asserted against them; App. Div. affirmed insofar as appealed from.
PEOPLE v T. (HANNAH) (240 AD3d 1260):
APL-2025-00185
4th Dept. App. Div. order of 7/25/25; modification; leave to appeal granted by Curran, J.,
9/29/25; Crimes—Sentence—Whether the Appellate Division was barred from sua
sponte reducing defendant's sentence in the interest of justice where defendant
validly waived the right to appeal and did not request such relief from the Appellate
Division; County Court, Monroe County, convicted defendant upon her plea of guilty of
manslaughter in the first degree; App. Div. modified as a matter of discretion in the
interest of justice by reducing the sentence of imprisonment imposed to a determinate
term of five years and, as modified, affirmed the judgment, with two Justices dissenting.
MATTER OF VINCENT v ADAMS (— AD3d —, 2025 NY Slip Op 04146):
APL-2025-00188
1st Dept. App. Div. order of 7/10/25; reversal; leave to appeal granted 10/7/25 by the
Appellate Division on a certified question; Local Laws—Preemption by
State—Whether the local laws at issue that modified the New York City Fighting
Homelessness and Eviction Prevention Supplement are preempted by State law;
Supreme Court, New York County, to the extent appealed from, denied the petition
seeking an order directing respondent Mayor Eric Adams to implement Local Law Nos.
99, 100, 101 and 102 (2023) and to declare that the Local Laws are not preempted by
New York State Law; App. Div. reversed, granted the petition to the extent that
respondent is directed to implement the Local Laws by making an appropriate submission
or submissions to the New York State Office of Temporary and Disability Assistance,
within the New York State Department of Family Assistance, for assessment under 18
NYCRR 352.3(a)(3)(ii).