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For December 13, 2024 through December 19, 2024, the following preliminary appeal statements were filed:

ADEBANJO v JOHNSON (231 AD3d 658):
APL-2024-00170 1st Dept. App. Div. order of 10/31/24; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Appeal--Whether the entry of the judgment of divorce renders certain prior orders nonappealable; Supreme Court, New York County, granted a divorce; App. Div. affirmed.

MATTER OF CENTER FOR JUDICIAL ACCOUNTABILTY:
APL-2024-00175 Supreme Court, Albany County order of 11/13/24; denied motion; sua sponte examination of whether the order appealed from finally determines the proceeding within the meaning of the Constitution and whether a direct appeal lies pursuant to CPLR 5601 (b)(2); Constitutional Law--Constitutionality of Chapter 60, Part E, of the Laws of 2015; Supreme Court, Albany County, denied the motion seeking, inter alia, reargument and renewal.

GEICO v MAYZENBERG (121 F4th 404):
CTQ-2024-00003 United States Court of Appeals for the Second Circuit order of 11/12/24; certification of question; Insurance--No-Fault Automobile Insurance--If an insurer determines a healthcare provider has improperly paid others for patient referrals, in violation of New York Education Law § 6530 (18) and 8 NYCRR § 29.1 (b) (3), can the insurer deny payment for no-fault benefits on the ground that the provider 'fail[ed] to meet' a 'necessary' State or local licensing requirement under 11 NYCRR � 65-3.16(a)(12)?; District Court, Southern District of New York, granted summary judgment in favor of plaintiffs; United States Court of Appeals reserved decision and certified question to the Court of Appeals.

MATTER OF PINA v CITY OF NY (— AD3d —, 2024 NY Slip Op 05776):
APL-2024-00165 1st Dept. App. Div. order of 11/19/24; denied petition; sua sponte examination of whether any jurisdictional basis exists for an appeal as of right; Proceeding Against Body or Officer--Alleged constitutional violations; App. Div. denied petitioner's application praying for an order pursuant to CPLR article 78 and dismissed the petition.

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

MATTER OF ANGELICA M.E. v DELMY S.A.-H. (228 AD3d 862):
APL-2024-00162 2nd Dept. App. Div. order of 6/20/24; affirmance; leave to appeal granted by the Court of Appeals, 11/25/24; Parent, Child and Family--Whether petitioner failed to establish, prima facie, that respondent committed the family offense of harassment in the second degree; Family Court, Suffolk County, inter alia, granted respondent's motion to dismiss so much of the petition as alleged that respondent committed the family offense of harassment in the second degree, vacated a temporary order of protection, and dismissed the petition; App. Div. affirmed.

MATTER OF MANTILLA v NYCDHPD (230 AD3d 1006):
APL-2024-00148 1st Dept. App. Div. order of 9/19/24; reversal; Public Housing--Succession Rights-- Whether a rational basis exists for the determination of respondent denying petitioner's application for succession rights to a Mitchell-Lama apartment; Supreme Court, New York County, granted the CPLR article 78 petition seeking to annul New York City Department of Housing Preservation and Development's final determination, dated December 27, 2021, which denied petitioner's application seeking succession rights to his brother's Mitchell-Lama apartment; App. Div. with two Justices dissenting, reversed, denied the petition and dismissed the proceeding.

For December 27, 2024 through January 2, 2025, the following preliminary appeal statements were filed:

BEN-DOR v ALCHEMY CONSULTANT (229 AD3d 405):
APL-2024-00178 1st Dept. App. Div. order of 7/11/24; affirmance; leave to appeal granted by the Appellate Division with certified question, 12/10/24; Banks and Banking--Negligence--Whether plaintiff, customer at bank, adequately pleaded that bank assumed duty to abide by its publicized anti-fraud procedures, giving rise to special relationship between customer and bank, thereby stating a claim against bank sounding in negligence; Supreme Court, New York County, denied defendant JP Morgan Chase Bank, N.A.'s motion to dismiss the complaint; App. Div., with one Justice dissenting, affirmed.

MATTER OF BRANDON D. (— AD3d —, 2024 NY Slip Op 06197):
APL-2024-00176 2nd Dept. App. Div. order of 12/11/24; affirmance; sua sponte examination of whether the order appealed from finally determines the proceedings within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right. Guardian and Ward--Whether Supreme Court properly denied appellant's motion seeking to dismiss the Mental Hygiene article 81 petition seeking guardianship; Supreme Court, Queens County, denied Robert L.D.'s motion pursuant to CPLR 3211(a) to dismiss the Mental Hygiene Law article 81 petition; App. Div. affirmed.

SANDER v WESTCHESTER REFORM TEMPLE (228 AD3d 688):
APL-2024-00174 2nd Dept. App. Div. order of 6/5/24; affirmance; leave to appeal granted by the Court of Appeals, 12/17/24; Employment Relationship--Wrongful Discharge--Whether discharge of employee for content of blog post was a protected recreational activity outside work within the scope of Labor Law § 201-d (2) (c); Supreme Court, Westchester County, granted defendants' motion to dismiss the complaint; App. Div. affirmed.

MATTER OF SMITH v TOWN OF THOMPSON PLANNING BOARD (— AD3d —, 2024 NY Slip Op 06085):
APL-2024-00177 3rd Dept. App. Div. order of 12/5/24; reversal; Environmental Conservation-- Environmental Impact Statement--Whether Planning Board's negative declaration of environmental significance and issuance of a special use permit and site plan approval were unlawful, arbitrary and capricious; whether the Planning Board was required to refer project to Town's Zoning Board of Appeals to determine whether project was a permitted or prohibited use under zoning code; Supreme Court, Sullivan County, dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review, among other things, a determination of respondent Town of Thompson Planning Board adopting a negative declaration of environmental significance; App. Div., with two Justices dissenting, reversed, granted the petition, and remitted to respondent for further proceedings not inconsistent with the court's decision.