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For December 19, 2025 through December 25, 2025, the following preliminary appeal statements were filed:

PEOPLE v JOSHUA CHERISTIN (239 AD3d 670):
APL-2025-00212 2nd Dept. App. Div. order of 6/4/25; affirmance; leave to appeal granted by Rivera, J., 12/8/25; Crimes--Appeal--Waiver of Right to Appeal--Whether an appeal waiver is valid when the plea court informs defendant that the appeal waiver is a condition of the plea prior to the defendant's factual allocution but the full appeal waiver colloquy occurs after the factual allocution; Crimes--Suppression Hearing--Whether Penal Law § 222.05 (3)(a), enacted as part of the Marihuana Regulation and Taxation Act, applies to a post-enactment suppression hearing concerning a pre-enactment search; Supreme Court, Queens County, convicted defendant of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposed sentence; App. Div. affirmed.

PEOPLE v TYRELL GADDY (241 AD3d 578):
APL-2025-00214 2nd Dept. App. Div. order of 8/6/25; affirmance; leave to appeal granted by Rivera, J., 12/8/25; Crimes--Unlawful Search and Seizure--Whether there is record support for the Appellate Division's determination that the police officer's inquiry whether defendant possessed any weapons was justified by a founded suspicion of criminal activity; County Court, Nassau County, convicted defendant of criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, criminal possession of a firearm, criminal possession of a weapon in the fourth degree, and criminal possession of a controlled substance in the seventh degree (two counts), upon his plea of guilty, and imposed sentence; App. Div. affirmed.

GRALA v STRUCTURAL PRESERVATION SYSTEMS (242 AD3d 1181):
APL-2025-00218 2nd Dept. App. Div. order of 10/29/25; modification; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution and whether a substantial constitutional question is directly involved; Workers' Compensation--Third-Party Action--Whether those branches of the third-party defendants' motion for summary judgment dismissing the third-party causes of action for common-law and contractual indemnification were properly denied; whether the courts below properly held that a general release did not warrant summary judgment dismissing the third-party complaint; whether that branch of the cross-motion of the defendant third-party plaintiff and the defendant New York City Housing Authority which was for summary judgment dismissing the counterclaims of the third-party defendant Apex Development, Inc. was properly granted; alleged constitutional violations; Supreme Court, Queens County, among other things, denied the third-party defendants' motion for summary judgment dismissing the third-party complaint and on the counterclaims of the third-party defendant Apex Development, Inc., and granted that branch of the cross-motion of the defendant third-party plaintiff and the defendant New York City Housing Authority which was for summary judgment dismissing the counterclaims of the third-party defendant Apex Development, Inc.; App. Div. modified by deleting the provision of the order denying that branch of the third-party defendants' motion which was for summary judgment dismissing the third-party cause of action alleging breach of contract for failure to procure insurance against third-party defendant Apex Development, Inc., and substituting therefor a provision granting that branch of the motion, and, as so modified, affirmed insofar as appealed from.

PEOPLE v RAHMEL HOWARD (240 AD3d 513):
APL-2025-00213 2nd Dept. App. Div. order of 7/2/25; affirmance; leave to appeal granted by Rivera, J. 12/8/25; Crimes--Appeal--Waiver of Right to Appeal--Whether an appeal waiver is valid when the plea court informs defendant that the appeal waiver is a condition of the plea prior to the defendant's factual allocution but the full appeal waiver colloquy occurs after the factual allocution; Supreme Court, Richmond County, upon defendant's pleas of guilty, imposed sentences; App. Div. affirmed, with one Justice dissenting in part and concurring in part.

For December 26, 2025 through January 1, 2026, the following preliminary appeal statements were filed:

MATTER OF R.A. (— AD3d —, 2025 NY Slip Op 04295):
APL-2025-00224 1st Dept. App. Div. order of 7/24/25; affirmance; leave to appeal granted by the Appellate Division, on a certified question, 11/25/25; sua sponte examination of whether appellant is a party aggrieved; Parent, Child and Family--Abused or Neglected Child--Whether Family Court can order that the Administration of Children's Services supervise a nonrespondent parent who was caring for the child prior to the filing of the Family Court Act article 10 petition; Family Court, New York County, vacated an order of the same court entered on or about January 3, 2024, which placed nonrespondent mother under ACS supervision during the pendency of the neglect proceedings against respondent father on consent of ACS; App. Div. affirmed.

MANKO v SHOREFRONT APARTMENTS (2025 NY Slip Op 79833[U]):
APL-2025-00211 2nd Dept. App. Div. order of 11/3/25; denial of motion; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution and whether any jurisdictional basis exists for an appeal as of right; Motions and Orders; App. Div. denied branch of motion to vacate dismissal of appeal and otherwise denied motion as academic.

PEOPLE v S. (JALEEL) (— AD3d —, 2025 NY Slip Op 04494):
APL-2025-00217 2nd Dept. App. Div. order of 7/30/25; reversal; leave to appeal granted by Halligan, J., 12/12/25; Crimes—Sentence—Youthful Offender—Whether a defendant may seek to set aside a sentence under CPL 440.20 on the ground that the sentencing court failed to make a youthful offender determination; Supreme Court, Queens County, denied, without a hearing, defendant's motion pursuant to CPL 440.20 to set aside a sentence of the same court (imposed 4-12-18), upon defendant's conviction of robbery in the first degree, upon his plea of guilty; App. Div. reversed, on the law, granted defendant's motion pursuant to CPL 440.20 to set aside the sentence, vacated the sentence, and remitted the matter for resentencing.

SWINTON v STATE OF NEW YORK (2025 NY Slip Op 81867[U]):
APL-2025-00223 4th Dept. App. Div. order of 12/2/25; denial of motions; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution, and whether any jurisdictional basis exists for an appeal as of right; Appeal—Dismissal—Whether the Appellate Division erred in dismissing claimant's appeal; Court of Claims, awarded claimant the sum of $188.43 and $20.00 in filing fees; App. Div. dismissed; App. Div. granted claimant's motion to vacate dismissal on the condition that the appeal be perfected before 12/16/24; App. Div. denied motion to vacate dismissal; App. Div. denied claimant's motion for (1) leave to reargue, (2) leave to appeal to the Court of Appeals and (3) for a stay and other relief.