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For January 23, 2026 through January 29, 2026, the following preliminary appeal statements were filed:

FOX v STATE OF NY:
APL-2025-00222 Court of Claims orders of 9/10/25; denial of motions; sua sponte examination of whether the orders appealed from finally determine the action within the meaning of the Constitution and whether any jurisdictional basis exists for an appeal as of right; Motions and Orders; Court of Claims denied "Emergency Injunction Motion"; Court of Claims denied motion for default judgment.

MATTER OF NICHOLAS v MARTUSCELLO (— AD3d —, 2026 NY Slip Op 00181):
APL-2026-00007 3rd Dept. App. Div. order of 1/15/26; affirmance; sua sponte examination of whether a substantial consititutional question is directly involved in the order appealed from; Proceeding Against Body or Officer--Whether the courts below erred in dismissing so much of the petition/complaint as sought orders compelling access to disciplinary proceeding hearings of Department of Corrections and Community Supervision employees or to associated disciplinary records; whether the declaratory judgment action was properly dismissed for want of personal jurisdiction based on the failure to serve a summons; alleged constitutional violations; Supreme Court, Albany County, denied petitioner's application to waive costs, fees and expenses; Supreme Court, Albany County, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, granted respondent's motion to dismiss the petition/complaint; App. Div. affirmed.

U.S. BANK v FAHIM (244 AD3d 897):
APL-2026-00005 2nd Dept. App. Div. order of 12/10/25; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved in the order appealed from; Mortgages--Foreclosure--Whether the complaint was properly dismissed as time-barred under the Foreclosure Abuse Prevention Act (FAPA); whether the retroactive application of FAPA is unconstitutional; Supreme Court, Queens County, granted the motion of defendants Zakia Fahim and 17740 105th Corp. for leave to renew (1) those branches of their prior cross-motion which were for summary judgment dismissing the complaint insofar as asserted against defendant 17740 105th Corp. and on that defendant's counterclaim pursuant to RPAPL 1501(4) to cancel and discharge of record the subject mortgage, which had been denied in an order of the same court dated June 5, 2019, and (2) their prior cross-motion for summary judgment dismissing the complaint insofar as asserted against them, which had been denied in an order of the same court dated September 7, 2022, and, upon renewal, in effect, vacated so much of the order dated June 5, 2019, as denied those branches of the first prior cross-motion and so much of the order dated September 7, 2022, as denied the second prior cross-motion, and thereupon granted those branches of the first prior cross-motion and the second prior cross-motion, and denied the plaintiff's cross-motion, among other things, for summary judgment on the complaint insofar as asserted against those defendants and for an order of reference; App. Div. affirmed.