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For October 3, 2025 through October 9, 2025, the following preliminary appeal statements were filed:

PEOPLE v EVERSON (TERRY) (240 AD3d 1343; 240 AD3d 1347):
APL-2025-00168 4th Dept. App. Div. orders of 7/25/25; affirmance; leave to appeal granted by Ogden, J., 8/28/25; Crimes--Disclosure--Whether the trial court's denial of defendant's request for an adjournment violated CPL 245.80(1)(a) where the People failed to disclose certain documents used in a fingerprint analysis; Supreme Court, Onondaga County, convicted defendant, upon a jury verdict, of burglary in the second degree and grand larceny in the fourth degree; Supreme Court, Onondaga County, convicted defendant, upon a jury verdict, of rape in the first degree and burglary in the second degree; App. Div., affirmed, with one Justice dissenting.

POLTORAK v CLARKE (— AD3d —, 2025 NY Slip Op 04496):
APL-2025-00172 2nd Dept. App. Div. order of 7/30/25; modification; sua sponte examination of whether a substantial constitutional question is directly involved in the order appealed from; Habeas Corpus--Scope of Remedy--Whether CPLR 7003(c), which provides that a judge or court that violates CPLR 7003 by refusing to issue a writ of habeas corpus shall forfeit $1,000 to the person detained, is unconstitutional as violative of the Judicial Compensation Clause or separation of powers doctrine; Supreme Court, Kings County, denied plaintiff's motion for summary judgment on the cause of action for the imposition of a $1,000 forfeiture against the defendant pursuant to CPLR 7003(c); granting those branches of the defendant's cross-motion pursuant to CPLR 3211(a)(7) to dismiss the amended complaint and, in effect, for a judgment declaring that CPLR 7003(c) is unconstitutional because it violates the Judicial Compensation Clause of the New York State Constitution; and dismissed the amended complaint; App. Div. modified, on the law, the order and judgment of Supreme Court by adding thereto a provision declaring that CPLR 7003(c) is unconstitutional; and as so modified, affirmed, with costs.

SALIS v CITY OF NY (2025 NY Slip Op 77205[U]):
APL-2025-00182 1st Dept. App. Div. order of 9/22/25; denial of motion; sua sponte examination of whether any jurisdictional basis exists for an appeal as of right; Motions and Orders-- Whether the Appellate Division properly denied plaintiff's motion to vacate the dismissal of plaintiff's appeal and extend the time to perfect the appeal; alleged constitutional violation; Supreme Court, Kings County, dismissed complaint; App. Div. denied motion by plaintiff, in effect, under 22 NYCRR 1250.1(c) to vacate dismissal and extend the time to perfect the appeal.

For October 10, 2025 through October 16, 2025, the following preliminary appeal statements were filed:

PEOPLE v KELLEY (ANTON) (239 AD3d 1269):
APL-2025-00179 4th Dept. App. Div. order of 6/6/25; affirmance; leave to appeal granted by Wilson, Ch. J., 9/23/25; Crimes--Plea of Guilty--Whether defendant abandoned his request for substitution of counsel by pleading guilty while still represented by the same attorney; Supreme Court, Onondaga County, convicted defendant, upon his plea of guilty, of manslaughter in the first degree; App. Div. affirmed.

RICH v JAE, LLC (— AD3d —, 2025 NY Slip Op 04818):
APL-2025-00183 1st Dept. App. Div. order of 8/28/25; affirmance; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution and whether the two-Justice dissent is on a question of law; Corporations--Liability of Parent Corporation--Whether the trial court correctly found that plaintiffs sufficiently met their burden for piercing the corporate veil to hold the parent company liability for its subsidiary's breach of contract; Supreme Court, New York County, found defendant Jonathan Adler Enterprises, LLC liable for codefendant J.A. Madison, LLC's breach of contract and ordered that plaintiffs have judgment against defendant Jonathan Adler Enterprises, LLC in the amount of $179, 660 plus interest; App. Div., with two Justices dissenting, affirmed.

WALTON v COMFORT SYSTEMS USA (— F4th —, 2025 WL 2598785, 2025 US App LEXIS 23260):
CTQ-2025-00007 United States Court of Appeals for the Second Circuit order of 9/9/25; certification of questions; Contracts--Agreement for Benefit of Third Persons--Whether the promise to pay prevailing wages is implicit in every public works contract so that individuals employed on public works projects may sue their employers for breach of contract to enforce the prevailing wage requirement under Labor Law § 220 even if the employer's written contract does not include the statutorily required promise to pay prevailing wages and whether agreements to shorten the statute of limitations in public works contracts to one year is enforceable against workers bringing third-party beneficiary breach of contract claims to enforce the prevailing wage law; District Court, Northern District of New York, granted Comfort Systems' motion for partial summary judgment; United States Court of Appeals reserved decision and certified questions to the Court of Appeals.