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For November 7, 2025 through November 13, 2025, the following preliminary appeal
statements were filed:
PEOPLE v ERNST (KYLE D.) (240 AD3d 1252):
APL-2025-00180
4th Dept. App. Div. order of 7/25/25; affirmance; leave to appeal granted by Curran, J.,
9/18/25; Crimes and Criminal Procedure--Disclosure--Whether the People failed to
exercise due diligence in disclosing certain discovery materials; whether defendant's
omnibus motion was still pending before Supreme Court such that the relevant time
was not chargeable to the People under CPL 30.30 (4)(a); Supreme Court, Erie
County, granted motion of defendant insofar as it sought to dismiss an indictment; App.
Div. affirmed, with two Justices dissenting.
PEOPLE v PARRA (JORGE) (234 AD3d 530):
APL-2025-00189
1st Dept. App. Div. order of 1/14/25; affirmance; leave to appeal granted by the Court of
Appeals, 10/21/25; Crimes--Sex Offenders--Whether the Appellate Division erred in
holding that residency restrictions under the Sexual Assault Reform Act could not
qualify as a mitigating factor for purposes of a Sex Offender Registration Act
downward departure; Supreme Court, Bronx County, adjudicated defendant a level
three sexually violent predicate sex offender; App. Div. affirmed.
TORIBIO v FEDLOR BILLIARDS; SAPIR (238 AD3d 685):
APL-2025-00200
1st Dept. App. Div. order of 5/29/25; affirmance; sua sponte examination of whether a
substantial constitutional question is directly involved in the order appealed from; Labor-
-Hours and Wages--Whether plaintiffs were entitled to all damages sought for
defendant Noah Sapir's violations of Labor Law � 196-d; Supreme Court, New York
County, awarded damages to plaintiffs for violations of Labor Law � 196-d, App. Div.
affirmed.
UZAMERE v CITY OF NEW YORK (2025 NY Slip Op 77438[U]):
APL-2025-00197
3rd Dept. App. Div. order of 9/25/25; 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 to reargue, to renew and for further relief.
UZAMERE v HOCHUL (2025 NY Slip Op 77437[U]):
APL-2025-00199
3rd Dept. App. Div. order of 9/25/25; 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 to reargue, to renew and for further relief.
UZAMERE v STATE OF NEW YORK (2025 NY Slip Op 78352[U]):
APL-2025-00198
3rd Dept. App. Div. order of 10/9/25; 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 to reargue, to renew and for further relief, and
denied motion for sanctions, for contempt and for further relief.