Return to New Filings Page


For February 21, 2025 through February 27, 2025, the following preliminary appeal statements were filed:

PEOPLE v RIOS (JONATHAN) (225 AD3d 1285):
APL-2025-00037 4th Dept. App. Div. order of 3/22/24; affirmance; leave to appeal granted by Halligan, J., 2/7/25; Crimes—Plea of Guilty—Whether the People v Lopez (71 NY2d 662 [1988]) exception to the preservation rule can be triggered by post-allocution statements made at sentencing which call into question the voluntariness of the guilty plea or negate an element of the offense; County Court, Monroe County, convicted defendant upon his plea of guilty of robbery in the second degree; App. Div. affirmed.

MATTERS OF MEKAYLA S. and GABRIEL H. (229 AD3d 1040; 229 AD3d 1047):
APL-2025-00011 4th Dept. App. Div. orders of 7/3/24; affirmance; leave to appeal granted by the Court of Appeals, 1/9/25; Parent and Child—Abused or Neglected Child—Whether videos allegedly depicting mother's boyfriend sexually abusing mother's daughter were sufficiently authenticated and therefore admissible in child-protective proceedings brought against mother; whether Family Court erred in finding mother abused daughter based on evidence that mother knew or should have known about sexual abuse and did nothing to prevent it; whether derivative-abuse finding as to mother's son was supported by record evidence; Family Court, Erie County, in a proceeding pursuant to Family Court Act article 10, among other things, determined that respondent abused the subject child; Family Court, Erie County, in a proceeding pursuant to Family Court Act article 10, among other things, determined that respondent derivatively abused the subject child; App. Div., with one Justice dissenting, affirmed.

SCALETTA v MICHEL'S POWER (— AD3d —, 2025 NY Slip Op 00258):
APL-2025-00047 3rd Dept. App. Div. order of 1/16/25; affirmance; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution; Aviation—Federal Preemption—Whether claims under New York Labor Law and for common law negligence are field or conflict preempted by Federal Aviation Act and Federal Aviation Regulations when those claims arise out of the crash of an in- flight helicopter where a helicopter lineman is working on towers and power lines from a platform attached to a helicopter; Supreme Court, Sullivan County, denied defendants' motion to dismiss the complaint; App. Div., with two Justices dissenting, affirmed.

For February 28, 2025 through March 6, 2025, the following preliminary appeal statements were filed:

DENTON v JAVINO (2025 NY Slip Op 60847[U]):
APL-2025-00051 2nd Dept. App. Div. order of 1/17/25; 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; Appeal- -Dismissal--Whether appellant's motion to vacate the dismissal of the appeal and extend the time to perfect the appeal was properly denied; App. Div., denied motion, in effect, under 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from an order of Supreme Court, Suffolk County, dated August 30, 2023, and to extend the time to perfect the appeal.

MATTER OF MANCHANDA v KRUZIC (2025 NY Slip Op 61982[U]):
APL-2025-00044 2nd Dept. App. Div. order of 2/3/25; denial of motion; sua sponte examination of whether the order appealed from finally determines the proceeding within the meaning of the Constitution and whether any jurisdictional basis exists for an appeal as of right; Motions and Orders--Whether the Appellate Division properly denied appellant's motion to stay enforcement of the Family Court order; Family Court, Westchester County denied motion by the appellant, inter alia, to stay enforcement of the order, pending hearing and determination of the appeal; App. Div., denied motion by appellant, among other things, to stay enforcement of the order, pending hearing and determination of the appeal.

RAYMOND v CITY OF NY (— AD3d —, 2025 NY Slip Op 00120):
2nd Dept. App. Div. order of 1/8/25; affirmance; 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 involved to support an appeal as of right; Interest--Interest on Judgment--Whether the general releases provided by plaintiffs were sufficient to trigger the 90-day period within which defendants were required to make payment of the settlement amount; whether plaintiffs were entitled to seek a judgment including interest, costs, and disbursements based on nonpayment under CPLR 500.3-a(e); whether plaintiffs' rights to equal protection and due process were violated by the Appellate Division's holding that the releases provided by plaintiffs were defective; Supreme Court, Queens County, among other things, granted that branch of the defendants' motion which was to vacate so much of a clerk's judgment of the same court entered May 6, 2022, as awarded the plaintiffs interest in the sum of $6,539.18 and costs and disbursements in the sum of $380; Supreme Court, Queens County, among other things, granted that branch of the defendants' motion which was to vacate so much of a clerk's judgment of the same court entered March 29, 2023, as awarded the plaintiffs interest in the sum of $5,417.26 and costs and disbursements in the sum of $380; App. Div. affirmed.