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For December 6, 2024 through December 12, 2024, the following preliminary appeal statements were filed:

MATTER OF BENTKOWSKI v CITY OF NY (229 AD3d 95):
APL-2024-00164 1st Dept. App. Div. order of 5/21/24; affirmance; leave to appeal granted by the Court of Appeals, 11/26/24; Estoppel--Promissory Estoppel--Whether promissory estoppel bars the City from adopting new healthcare plans and discontinuing others; Supreme Court, New York County, in a hybrid proceeding-class action brought under CPLR article 78, granted petition-complaint to the extent of permanently enjoining the City respondents/defendants from eliminating petitioner/plaintiff retirees' existing health insurance, automatically enrolling them in a new Aetna Medicare Advantage Plan, enforcing a June 30, 2023 deadline for retirees to opt out of the new plan, and implementing any other aspect of the City's new retiree healthcare policy; App. Div. affirmed.

U.S. BANK v LYNCH (— AD3d —, 2024 NY Slip Op 05261):
APL-2024-00171 3rd Dept. App. Div. order of 10/24/24; reversal; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; Mortgages�Foreclosure�Whether section 2 of the Foreclosure Abuse Prevention Act applies retroactively; whether the retroactive application of FAPA violates plaintiff's rights under the New York State and United States Constitutions; whether the action is time barred; Supreme Court, Rensselaer County, granted plaintiff's motion to restore the case to the trial calendar; App. Div. reversed and denied motion.

PEOPLE v WIGGINS (JAYLIN) (225 AD3d 1305):
APL-2024-00059 4th Dept. App. Div. order of 3/22/24; affirmance; leave to appeal granted by Ogden, J., 5/14/24; Crimes--Verdict--Whether guilty verdict is against the weight of the evidence; Crimes--Jurors--Whether County Court erred in denying defendant's request to discharge juror as grossly unqualified; whether County Court abused its discretion in denying motion for mistrial based on the ground that the jury was tainted by racial bias; whether County Court's handling of jury note violated People v O'Rama (78 NY2d 270 [1991]); County Court, Erie County, convicted defendant upon a jury verdict of murder in the second degree, assault in the first degree, and criminal possession of a weapon in the second degree; App. Div. with two Justices dissenting, affirmed.

PEOPLE v ZUBIDI (AMADO) (— AD3d —, 2024 NY Slip Op 04824):
APL-2024-00160 1st Dept. App. Div. order of 10/3/24; affirmance; leave to appeal granted by Rodriguez III, J., 11/7/24; Crimes--Unlawful Search and Seizure--Whether the police may presume, for purposes of establishing reasonable suspicion to justify a car stop, that the car's unidentified driver is the same driver who was involved in a criminal act weeks earlier; Supreme Court, New York County, convicted defendant after a jury trial of criminal possession of a weapon in the second degree (four counts) and reckless endangerment in the first degree and sentenced him to an aggregate term of 9 � years; App. Div., with one Justice dissenting, affirmed.