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For November 22, 2024 through November 28, 2024, the following preliminary appeal statements were filed:

PEOPLE v BALDNER (CHRISTOPER) (230 AD3d 1434):
APL-2024-00156 3rd Dept. App. Div. order of 9/19/24; modification; leave to appeal granted by Egan, Jr., J., 11/14/24; Crimes--Indictment--Whether the Appellate Division erred by reinstating dismissed depraved indifference murder and reckless endangerment counts of the indictment; whether the Appellate Division improperly applied the "depraved indifference" mens rea to a law enforcement officer acting in the course of employment in a highway patrol car that effectuated a lawful stop and who was drawn into a high speed chase initiated by a non-compliant motorist; County Court, Ulster County, among other things, partially granted defendant's motion to dismiss the indictment; App. Div. with one Justice dissenting, modified by reversing so much of the order as dismissed count 1 of the indictment charging defendant with murder in the second degree and reduced counts 3, 4, 5, 6, 7, and 8 of the indictment from reckless endangerment in the first degree to reckless endangerment in the second degree, denied the motion to that extent and reinstated such counts, and, as so modified, affirmed.

MATTER OF DEWOLF v WAYNE COUNTY (2024 NY Slip Op 78432[U]):
APL-2024-00163 3rd Dept. App. Div. order of 11/14/24; denied motion; sua sponte examination of whether any jurisdictional basis exists to support an appeal taken as of right; Motions and Orders; App. Div. affirmed decision of the Workers' Compensation Board, filed June 6, 2023, which ruled that claimant did not sustain a causally-related occupational disease and denied his claim for workers' compensation benefits; App. Div. denied motion for declaratory action, mandamus/enjoinment/certiorari and other relief, for renewal and reargument and to certify record on appeal to Court of Appeals.

MATTER OF MANCHANDA (— AD3d —, 2024 NY Slip Op 05833):
APL-2024-00166 1st Dept. App. Div. order of 11/21/24; disbarred respondent; sua sponte examination of whether any jurisdictional basis exists for an appeal as of right; Attorney and Client-- Disciplinary Proceedings--Whether charges of professional misconduct are supported by the record; whether sanction of disbarment was appropriate; App. Div. inter alia, disbarred respondent.

ONONDAGA COUNTY v SNY:
APL-2024-00159 Supreme Court, Onondaga County, judgment of 10/08/24; denied motions; sua sponte examination of whether a direct appeal lies; Elections--Whether the Even Year Election Law violates article IX of the New York State Constitution; whether the Even Year Election Law does not violate the constitution because it is a general law, not a specific law; whether the Even Year Election Law bears a reasonable relationship to a substantial state interest; whether article IX's savings provision precludes the effectiveness of the Even Year Election Law; whether plaintiffs have adopted an "alternative form of government" within the meaning of article IX; whether a constitutional amendment is required; whether individual plaintiffs' remaining constitutional claims fail under the Anderson Burdick test; Supreme Court, Onondaga County, denied motions to dismiss brought by the State Defendants and Defendant Czarny, declared that the Even Year Election Law is void as violative of the New York State Constitution, declared that various county charter, local law, and code provisions providing for odd year elections (Onondaga, Oneida, Nassau, Rensselaer, Suffolk, Rockland, Orange, and Dutchess counties) fall within the Savings Clause of Article IX of the New York State Constitution and are valid notwithstanding the enactment of the Even Year Election Law, and enjoining defendants State of New York, Governor Hochul, Commissioner Czarny, and Commissioner Sardo, their agents, and anyone acting on their behalf, from enforcing or implementing the Even Year Election Law.

For November 29, 2024 through December 5, 2024, the following preliminary appeal statements were filed:

1995 CAM LLC v WEST SIDE ADVISORS (221 AD3d 420):
APL-2024-00161 1st Dept. App. Div. order of 11/9/23; affirmance; leave to appeal granted by the Court of Appeals, 11/25/24; Landlord and Tenant--Rent--Whether tenant's failure to obtain landlord's written acceptance of the surrender of the premises precluded guarantor's avoidance of liability; Supreme Court, New York County, granted in part plaintiff's motion for judgment as a matter of law under CPLR 3211 (c) on its claims for unpaid rent under the lease and guaranty; Supreme Court, New York County, upon reargument, granted plaintiff's motion for summary judgment on its claims for the balance of rents and attorneys' fees; Supreme Court, New York County, granted a money judgment in favor of plaintiff against defendants; App. Div. affirmed the judgment and dismissed the appeals from the orders as subsumed in the appeal from the judgment.

HUDSON VIEW v TOWN OF FISHKILL (— AD3d —, 2024 NY Slip Op 05332):
APL-2024-00167 2nd Dept. App. Div. order of 10/30/24; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; Municipal Corporations--Whether the term limits rule and/or the prohibition against contract zoning are violated by a memorandum of understanding entered into by a private developer and the Town of Fishkill Town Board and the Town of Fishkill Planning Board that is binding on their successors and where the Town Board agreed, among other things, not to terminate its review of the developer's Zoning Petition and the Project in general, until it reaches a final determination on the merits in its legislative judgment regarding the best interests of the Town based on empirical data and other objective factual bases; whether the memorandum of understanding is consistent with any implied constitutional rules that one legislature may not bind a subsequent legislature and that municipal governments may no conduct zoning by contract; Supreme Court, Dutchess County, granted defendants' motion under CPLR 3211(a) to dismiss the complaint; App. Div. affirmed.

KOPKO v KOPKO (2024 NY Slip Op 78006[U]; 229 AD3d 974):
APL-2024-00168 3rd Dept. App. Div. order of 11/7/24; denied motion; sua sponte examination of whether the order appealed from finally determines the actions within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; Judges--Recusal--Whether the trial judge denied defendant due process; whether defendant's recusal motion was properly denied; whether the courts properly applied the Domestic Relations Law governing the distribution of marital property; Supreme Court, Tompkins County, granted, among other things, plaintiff a divorce, upon a decision of the court; App. Div. affirmed, App. Div. denied reargument.

PEOPLE v SARGEANT (DEREK) (230 AD3d 1341):
APL-2024-00169 2nd Dept. App. Div. order of 9/25/24; affirmance; leave to appeal granted by J. Ford, 11/22/24; Crimes--Jurors--Whether defendant's conviction by an 11-member jury violated his constitutional right to a jury of 12 after the trial court concluded that defendant "forfeited" his right by engaging in misconduct; Supreme Court, Queens County, convicted defendant of criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, criminal possession of forgery devices (two counts), criminal possession of a weapon in the fourth degree (two counts), and unlawful possession of pistol ammunition, upon a jury verdict, and imposing sentence; App. Div., with one Justice dissenting, affirmed.