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For August 1, 2025 through August 7, 2025, the following preliminary appeal
statements were filed:
BECKER v UNITED CEREBRAL PALSY (2025 NY Slip Op 72112[U]):
APL-2025-00142
3rd Dept. App. Div. order of 7/3/25; 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--Whether the Appellate Division properly denied appellant's motion for
reconsideration; Alleged constitutional violations; App. Div. denied motion for
reconsideration.
PEOPLE ex rel. CENTENO v DONNELLY (2025 NY Slip Op
71913[U]):
APL-2025-00149
2nd Dept. App. Div. order of 6/30/25; denied application; sua sponte examination of
whether any jurisdictional basis exists for an appeal as of right; Habeas Corpus--
Whether petitioner's application for a writ of habeas corpus was properly denied;
App. Div. granted branch of application for a waiver of costs, fees, and expenses, and
denied branch of application for a writ of habeas corpus.
MATTER OF B.F. (239
AD3d 451):
APL-2025-00140
1st Dept. App. Div. order of 6/5/25; affirmance; sua sponte examination of whether the
appeal is moot and whether "there is a dissent by at least two justices on a question of law
in favor of the party taking the appeal" (CPLR 5601 [a]); Parent and Child--Abused or
Neglected Child--Whether respondent Roberto R. was properly determined to be a
person legally responsible for the child B.F.; Family Court, Bronx County, placed child
R.E. in custody of the Commissioner of Social Services and, inter alia, ordered Roberto
R. to engage in sex offender treatment, undergo a mental health evaluation, engage in
individual therapy, take a parenting skills course, and comply with a stay away order of
protection with the exception of agency supervised visitation; App. Div. affirmed the
October 6, 2023 order of disposition, to the extent that it brings up for review a
fact-finding order entered on the same date, and dismissed the appeals from the
fact-finding order as subsumed in the appeals from the order of disposition.
PEOPLE v HARRIS (JAMIEN) (239 AD3d 1279):
APL-2025-00144
4th Dept. App. Div. order of 6/6/25; reversal; leave to appeal granted by Lindley, J.,
7/22/25; Crimes--Double Jeopardy--Whether prosecution of the murder indictment
was barred by CPL 40.40 because the conduct underlying the charge of murder was
part of the same criminal transaction as conduct underlying previous charges
against defendant for firearm possession; County Court, Erie County, granted
defendant's motion to dismiss the indictment; App. Div. reversed on the law, with one
Justice dissenting, denied defendant's motion to dismiss the indictment, reinstated the
indictment, and remitted the matter to Erie County Court for further proceedings on the
indictment.
PEOPLE v LACEN (JOSE) (229 AD3d 435):
APL-2025-00135
1st Dept. App. Div. order of 7/18/24; affirmance; leave to appeal granted by Troutman, J.,
7-9-25; Crimes--Right of Confrontation--Whether the record establishes that the
testifying analyst sufficiently participated in the testing process or conducted a
meaningful review of the DNA data for purposes of the Confrontation Clause;
Supreme Court, Bronx County, convicted defendant, after a jury trial, of attempted assault
in the first degree and robbery in the second degree, and sentenced him, as a second
felony offender, to an aggregate term of 15 years; App. Div. affirmed.
MARTINEZ v CITY OF NEW YORK (239 AD3d 540):
APL-2025-00146
1st Dept. App. Div. order of 6/24/25; modification; sua sponte examination of whether a
substantial constitutional question is directly involved in the order appealed from; Local
Laws--Whether Local Law 15, barring people who were convicted of certain crimes
from holding high-level office in New York City, is preempted by Public Officers
Law � 3; whether Local Law 15 violates plaintiffs' constitutional rights of
association; whether the enactment of Local Law 15 required a voter referendum;
Supreme Court, New York County, among other things, granted defendant City of New
York's motion to dismiss the first and fifth causes of action in the second amended
complaint, and adjudged and declared that New York City Charter Chapter 50-A section
1139 (Local Law 15) does not violate plaintiffs' rights of association under the First and
Fourteenth Amendments to the US Constitution and NY Constitution, article I, � 1 and is
not preempted by Public Officers Law � 3, and denied the City's motion to dismiss the
sixth cause of action seeking a declaration that under Municipal Home Rule Law �
23(2)(e), the enactment of Local Law 15 required a voter referendum, but declined to
issue the requested declaration that the enactment of Local Law 15 required such a
referendum; App. Div. modified to grant the City's motion to dismiss the sixth cause of
action and to declare that the enactment of Local Law 15 did not require a voter
referendum, and otherwise affirmed.
STREGE v LAUNCHING ALL PLANETS:
APL-2025-00143
Court of Claims order of 5/27/25; dismissal; sua sponte examination of whether any
jurisdictional basis exists for an appeal as of right; State--Claim against State--Whether
the claim was properly dismissed; Court of Claims dismissed claim.