Court of Appeals New Filings
For June 12, 2026 through June 18, 2026, the following preliminary appeal statements were filed:
AMERICAN CATALOG MAILERS v DEPARTMENT OF TAXATION AND FINANCE (— AD3d —, 2026 NY Slip Op 02908):
APL-2026-00085 3rd Dept. App. Div. order of 5/7/26; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved in the order appealed from; Taxation—Franchise Tax on Business Corporations--Whether the Interstate Income Tax Act of 1959, prohibiting state income taxation of foreign corporations that engage in only certain limited activities within the state, preempts the Department of Taxation and Finance regulations implementing that federal limitation, 20 NYCRR 1-2.10; Supreme Court, Albany County, among other things, partially granted defendants' cross-motion for summary judgment dismissing the complaint; App. Div. affirmed.
MATTER OF THE CLAIM OF COOPER (2026 NY Slip Op 64250[U]):
APL-2026-00048 3rd Dept. App. Div. order of 3/12/26; 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 motion for leave to appeal to the Court of Appeals.
MATTER OF GOLDMAN v ICARO MEDIA GROUP (246 AD3d 508):
APL-2026-00092 1st Dept. App. Div. order of 2/17/16; affirmance; leave to appeal granted by the Appellate Division, 6/11/26; Disclosure--Discovery and Inspection--Whether the courts below properly granted petitioner resident shareholder's petition to inspect respondent foreign corporation's records and books only to the extent of requiring disclosure of respondent's shareholder information under Business Corporation Law § 1315; Whether a resident shareholder in a foreign corporation is entitled more broadly to inspect the corporation's records and books under the common law or Business Corporation Law § 624; Supreme Court, New York County, granted the petition to inspect respondent Icaro Media Group, Inc.'s books and records only to the extent of permitting review of shareholder information under Business Corporations Law § 1315; App. Div. affirmed.
MATTER OF MERANTE v DiNAPOLI (246 AD3d 1191):
APL-2026-00081 3rd Dept. App. Div. order of 2/11/26; confirmed determination; sua sponte examination of whether the two-Justice dissent is on a question of law; Proceeding Against Body or Officer--Whether the determination was arbitrary and capricious because it was rendered on an incomplete record; App. Div., with two Justices dissenting, in a proceeding under CPLR article 78 to review a determination of respondent denying petitioner's applications for accidental and performance of duty disability benefits, confirmed determination and dismissed petition.
ROLLE v PARADISO:
APL-2026-00090 Nassau County, Supreme Court, paper of 5/11/26; 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--Order to Show Cause; Supreme Court declined to sign order to show cause and ordered submissions on why sanctions should not be imposed.
PEOPLE v WRIGHT (JIMMIE) (246 AD3d 1429):
APL-2026-00055 4th Dept. App. Div. order of 2/11/26; affirmance; leave to appeal granted by Ogden, J., 4/30/26; Crimes--Lesser Included Offense--Whether there was a "reasonable view" of the evidence that would support a finding that defendant acted recklessly, rather than intentionally, such that Supreme Court erred by denying defendant's request to charge manslaughter in the second degree as a lesser included offense of murder in the second degree; Crimes--Right to Counsel--Effective Representation--Whether defendant was deprived of the effective assistance of counsel; Supreme Court, Monroe County, convicted defendant, upon a jury verdict, of manslaughter in the first degree; App. Div. affirmed.
For June 19, 2026 through June 25, 2026, the following preliminary appeal statements were filed:
PEOPLE v POWELL (ZHAMIR) (244 AD3d 872):
APL-2026-00087 2nd Dept. App. Div. order of 12/10/25; affirmance; leave to appeal granted by Troutman, J., 6/11/26; Crimes--Sentence--Whether the trial court erred by failing to order an updated presentence report, upon remittal for resentencing pursuant to People v Rudolph (21 NY3d 497 [2013]), where the original PSR did not contain a recommendation regarding youthful offender status; Supreme Court, Kings County, upon defendant's conviction of attempted murder in the second degree, upon his plea of guilty, after remittitur from the Appellate Division for resentencing; App. Div. affirmed.