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For March 13, 2026 through March 19, 2026, the following preliminary appeal
statements were filed:
PEOPLE v HARRIS (LAWRENCE) (2025 NY Slip Op 76043[U]):
APL-2026-00015
2nd Dept. App. Div. order of 9/10/25; dismissal; leave to appeal granted by Halligan, J.,
2/5/26; Appeal--Dismissal--Whether the Appellate Division abused its discretion in
dismissing defendant's appeal; Whether the dismissal of defendant's appeal violated
defendant's due process rights absent evidence that defendant received instructions
on how to seek financial relief and the full record had not yet been provided to
defendant's counsel defending against the dismissal; Supreme Court, Kings County,
convicted defendant, after a jury trial, of murder in the second degree, attempted assault
in the first degree, assault in the second degree, two counts of criminal possession of a
weapon in the second degree, and reckless endangerment in the first degree, and imposed
sentence; App. Div. dismissed the appeal and denied appellant's motion as academic.
MATTER OF JAQUEZ v TIETZ (237 AD3d 433):
APL-2026-00027
1st Dept. App. Div. order of 4/3/25; affirmance; leave to appeal granted by the appellate
division on a certified question, 3/3/26; State--Equal Access to Justice Act--Whether
the Equal Access to Justice Act affords petitioners attorneys' fees based on the
catalyst theory when the state grants relief before a court rules on the merits;
whether petitioner was entitled to attorneys' fees; Supreme Court, New York County,
granted petitioner's motion for an award of attorneys' fees under the Equal Access to
Justice Act in this hybrid proceeding brought under CPLR article 30 and 78; App. Div.
affirmed.
PEOPLE v MATTHEWS (ANTHONY) (2025 NY Slip Op 76049[U]):
APL-2026-00013
2nd Dept. App. Div. order of 9/10/25; dismissal; leave to appeal granted by Troutman, J.,
2/5/26; Appeal--Dismissal--Whether the Appellate Division abused its discretion in
dismissing defendant's appeal; Supreme Court, Kings County, convicted defendant,
upon a jury verdict, of first-degree kidnapping and first-degree assault, and imposed
sentence; App. Div. dismissed the appeal and denied motion as academic.
NUNEZ v GLOBAL LAUNCH (241 AD3d 1073):
APL-2026-00026
1st Dept. App. Div. order of 9/4/25; reversal; Rule 500.11 review pending; Motor
Vehicles--Rental Cars--Whether defendant, the owner of a vehicle rented through a
nonparty peer-to-peer car rental platform that allegedly rear-ended plaintiff's car,
was entitled to dismissal of the complaint under the Graves Amendment (49 USC 30106) or, alternatively, on the ground that the vehicle was stolen; whether
defendant's summary judgment motion was premature; Supreme Court, Bronx
County, denied defendant Global Launch, LLC's motion to dismiss the complaint as
against it under CPLR 3211(a)(7), or, in the alternative, CPLR 3212.
For March 20, 2026 through March 26, 2026, the following preliminary appeal
statements were filed:
MATTER OF ESTATE OF DELANEY (— AD3d —, 2026 NY Slip Op 01428):
APL-2026-00029
3rd Dept. App. Div. order of 3/12/26; affirmance; 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; Executors and
Administrators--Account--Whether respondent's objections to an accounting of
decedent's estate were properly dismissed as untimely; whether the challenge to the
dismissal of prior objections for lack of standing was before the Appellate Division;
Surrogate's Court, Ulster County, among other things, in a proceeding pursuant to SCPA
article 22, dismissed respondent Andrew Delaney's objections to an accounting of
decedent's estate; App. Div. affirmed.
MATTER OF GOLD (—
AD3d —, 2026 NY Slip Op 00895):
APL-2026-00028
2nd Dept. App. Div. order of 2/18/26; granted motion; sua sponte examination of whether
a substantial constitutional question is directly involved in the order appealed from;
Attorney and Client--Disciplinary Proceeding--Whether respondent was properly
suspended from the practice of law based on, among other things, conduct
concerning a conviction that was later pardoned; alleged constitutional violations;
App. Div. suspended respondent from the practice of law for a period of five years.
G.K. v S.T. (— AD3d —,
2026 NY Slip Op 01309):
APL-2026-00030
1st Dept. App. Div. order of 3/10/26; affirmance, dismissal, and 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 in the order appealed from; Parent, Child and Family--Custody--Whether the
custody determination was properly affirmed; alleged constitutional violations;
Supreme Court, New York County, after a trial, awarded plaintiff sole legal and
residential custody of the subject children, with supervised parenting time to defendant on
specified conditions; Supreme Court, New York County, appointed plaintiff as receiver to
effectuate the sale of the marital property; Supreme Court, New York County, after a trial,
among other things, precluded defendant from testifying about the financial documents in
the trial record, imputed income to the defendant in the amount of $1 million per year, set
up an income cap of $500,000 for the purposes of calculating child support and post-
divorce maintenance, awarded plaintiff post-divorce maintenance for a period of 38
months, awarded plaintiff counsel fees in the amount of $906,776.45 and expert fees in
the amount of $5,000, and denied defendant's request for the justice's recusal; App. Div.
affirmed the order concerning custody, modified the order concerning income, support,
maintenance, and fees to reduce the counsel fee award and otherwise affirmed that order,
and dismissed as moot appeal from the order considering receivership.