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For May 1, 2026 through May 7, 2026, the following preliminary appeal statements
were filed:
BALL v NYSDOH (— AD3d —, 2026 NY Slip Op 02494):
APL-2026-00051
3rd Dept. App. Div. order of 4/23/26; reversal; sua sponte examination of whether a
substantial constitutional question is directly involved in the order appealed from;
Constitutional Law—Whether the Seventh Amendment to the U.S. Constitution or
article I, § 2 of the NY Constitution entitles plaintiff to a civil jury trial in his
pending administrative revocation proceeding; Supreme Court, Schoharie County,
declared, among other things, that the Seventh Amendment to the U.S. Constitution
entitles plaintiff to a civil jury trial in a pending administrative license revocation
proceeding; App. Div. reversed, declared that neither the Seventh Amendment to the U.S.
Constitution nor article I, § 2 of the NY Constitution entitles plaintiff to a civil jury trial
in his pending administrative revocation proceeding, and granted the motion to dismiss
the complaint.
MATTER OF KATONAH-LEWISBORO UFSD v NYSED/ MATTER OF MAHOPAC CSD v
NYSED (243 AD3d 66):
APL-2026-00046/ APL-2026-00047
3rd Dept. App. Div. orders of 7/17/25; reversal; leave to appeal granted by the Court of
Appeals, 4/21/26; Administrative Law—Whether the State Education Department
violated its own complaint regulations by accepting and determining complaints
pertaining to individuals over the age of 21 who were not "students with disabilities"
as defined by the Education Law; whether the state must provide a free appropriate
public education to students with disabilities until their 22nd birthdays under the
Individuals with Disabilities Education Act even though the Education Law
terminates a disabled student's entitlement to receive services at the end of the
school year during which the student turns 21; whether the State Education
Department exceeded its regulatory policymaking authority and engaged in
improper legislating in violation of the separation of powers doctrine; Supreme
Court, Albany County, granted petitioners' applications, in proceedings under CPLR
article 78, to annul determinations of respondent State Education Department sustaining
complaints against petitioners; App. Div. reversed and dismissed the petitions.
OPARAJI v TURKISH AIRLINES (2026 NY Slip Op 66220[U]):
APL-2026-00053
1st Dept. App. Div. order of 4/14/26; 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 plaintiff's motion for leave to appeal to the Appellate
Division from orders of the Appellate Term, First Department, dated September 19, 2025
and November 21, 2025; granted defendant's motions to strike and remove certain of
plaintiff's filings, enjoined plaintiff from filing further pleadings without the consent of
court, and enjoined plaintiff from further filing any confidential documents; struck from
the record and sealed certain of plaintiff's filings; and denied plaintiff's cross-motion for
an order finding that defendant's motion was frivolous and for sanctions.
OSUAGWU v OSUAGWU (247 AD3d 1051):
APL-2026-00049
2nd Dept. App. Div. order of 3/18/26; affirmance; sua sponte examination of whether any
jurisdictional basis exists for an appeal as of right; Parent and Child—Whether
defendant's constitutional rights were violated when plaintiff's motion to modify the
judgment of divorce to permit plaintiff to relocate was granted; Supreme Court,
Rockland County, after a hearing, granted plaintiff's motion, in effect to modify the
judgment of divorce so as to permit her to relocate; App. Div. affirmed.
MATTER OF VALENTIN v DANNHAUSER (2026 NY Slip Op
60200[U]):
APL-2026-00045
2nd Dept. App. Div. order of 1/7/26; dismissal; 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;
App. Div., on the court's own motion, dismissed appeal from an order of Supreme Court,
Kings County, dated December 4, 2025, and declined to grant leave to appeal.