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For March 21, 2025 through March 27, 2025, no new preliminary appeal statements were filed.
For March 28, 2025 through April 3, 2025, the following preliminary appeal
statements were filed:
MATTER OF CLAIM OF GONZALEZ (232 AD3d 1011):
APL-2025-00056
3rd Dept. App. Div. order of 11/14/24; affirmance; leave to appeal granted by the Court
of Appeals, 3/20/25; Workers' Compensation--Counsel Fees--Whether the request by
counsel for claimant for fees payable from penalties awarded to claimant were
properly denied; whether Workers' Compensation Law § 24 provides for an award
of counsel fees payable from a late payment penalty imposed on a carrier under
Workers' Compensation Law § 25; App. Div. affirmed (1) a decision of the Worker's
Compensation Board, filed July 6, 2023, which denied counsel's application for an award
of counsel fees, and (2) a decision of said Board, filed September 1, 2023, which denied
counsel's application for reconsideration and/or full Board review.
MANKO v CITY OF NEW YORK (2025 NY Slip Op 60254[U]):
APL-2025-00060
2nd Dept. App. Div. order of 1/8/25; denied 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; Motions
and Orders; App. Div. denied branch of motion to vacate dismissal of appeal from an
order of Supreme Court, Kings County, dated December 28, 2020, and otherwise denied
motions as academic.
MRIJAJ v GENTING (235 AD3d 558):
APL-2025-00061
1st Dept. App. Div. order of 2/25/25; affirmance; sua sponte examination of whether the
order appealed from finally determines the action within the meaning of the Constitution
and whether the order appealed from directly involves a substantial constitutional
question; Constitutional Law--Due Process of Law--Whether the Appellate Division
properly held that plaintiff's arguments failed to demonstrate that his due process
rights were violated by any deprivation of liberty arising from his first detention as
authorized by the Gaming Commission's bulletin; Supreme Court, Bronx County,
among other things, denied plaintiff's motion for class certification and granted in part
defendant's cross-motion to dismiss the complaint; App. Div. affirmed.
PEOPLE v PAULINO (RANDY) (233 AD3d 6):
APL-2025-00041
1st Dept. App. Div. order of 9/26/24; affirmance; leave to appeal granted by Rodriguez,
III., J., 2/4/25; Rule 500.11 review pending; Crimes--Sentence--Whether, in light of
this Court's decision in People v Brisman (— NY3d —, 2025 NY Slip Op 00123
[2025]), the Appellate Division applied an erroneous standard of review to
defendant's excessive sentence argument; Supreme Court, Bronx County, convicted
defendant, upon his plea of guilty, of attempted murder in the second degree, and imposed
sentence; App. Div., with two Justices dissenting, affirmed.
VEGA v HEMPSTEAD UNION FREE SCHOOL DISTRICT (235 AD3d 696):
APL-2025-00058
2nd Dept. App. Div. order of 2/5/25; affirmance; sua sponte examination of whether any
jurisdictional basis exists for an appeal as of right; Limitation of Actions--Whether
plaintiff's causes of action alleging breach of contract and fraud were time-barred
pursuant to Education Law § 3813(2-b); Supreme Court, Suffolk County, granted
defendants' motion under CPLR 3211(a) to dismiss the complaint; App. Div. affirmed.
WILMINGTON TRUST v ARGENTIC REAL ESTATE (226 AD3d 493):
APL-2025-00057
1st Dept. App. Div. order of 4/11/24; leave to appeal granted by the Court of Appeals,
3/20/25; Appeal--Academic and Moot Questions--Whether defendant's satisfaction
of the judgment of specific performance by repurchasing the subject loan, without
seeking a stay of enforcement, rendered the appeal moot; Supreme Court, New York
County, granted plaintiff's motion and denied defendant's motion for summary judgment;
Supreme Court, New York County, required defendant to repurchase the subject loan
from plaintiff at a set purchase price plus prejudgment interest; App. Div. granted motion
to dismiss appeal, dismissed appeal from judgment as moot and dismissed appeal from
order as subsumed in the appeal from the judgment.