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For May 25, 2018 through May 31, 2018, the following preliminary appeal statements were filed:

DONOSO v NEW YORK UNIVERSITY (160 AD3d 522):
1st Dept. App. Div. order of 4/17/18; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Colleges and Universities--Judicial Review of Academic Discretion--Whether plaintiff's claims, challenging defendant's academic determination to withdraw plaintiff's admission to Doctor of Juridical Science program, should have been brought via an article 78 proceeding; Limitation of Actions--Four-month Statute of Limitations--whether action was time-barred under four-month statute of limitations applicable to CPLR article 78 proceedings; Dismissal and Nonsuit-- Dismissal on Merits--whether Supreme Court properly dismissed plaintiff's fraud, General Business Law § 349, promissory estoppel and civil rights (42 USC § 1983) claims. Supreme Court, New York County, granted defendant's motion to dismiss the complaint pursuant to CPLR 3211(a)(1), (5) and (7); App. Div. affirmed.

MATTER OF LUIS P. (161 AD3d 59):
1st Dept. App. Div. order of 4/12/18; affirmance with dissents; Rule 500.11 review pending; Crimes--Juvenile Offender--Whether the presentment agency proved beyond a reasonable doubt that appellant's oral and written statements were voluntary; if written confession was involuntary, whether its admission at fact-finding hearing was harmless error; whether appellant's confessions were sufficiently corroborated; Evidence--whether reports from the Child Advocacy Center were improperly admitted into evidence because they were prepared for litigation; Family Court, Bronx County, adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed acts that, if committed by an adult, would constitute the crimes of two counts of criminal sexual act in the first degree, two counts of sexual abuse in the first degree, two counts of sexual misconduct, and endangering the welfare of a child, and placed appellant on probation for specified period; App. Div. affirmed.

PHILLIP v STATE OF NEW YORK (2018 NY Slip Op 70273[U]):
2nd Dept. App. Div. order of 4/20/18; denial of motion; sua sponte examination 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; Appeal--Appellate Division--Motion to waive payment of filing fee; App. Div. denied appellant's pro se motion to waive payment of the filing fee as a poor person, and enlarged appellant's time to perfect the appeal until 6/18/18.

SEON, MATTER OF v NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES (159 AD3d 607):
1st Dept. App. Div. judgment of 3/29/18; sua sponte examination whether the two-Justice dissent at the App. Div. is on a question of law; Administrative Law--Judicial Review-- Whether there is substantial evidence in the record to support the determination of the Administrative Law Judge that petitioner, New York City Transit bus driver, failed to exercise due care and that such failure caused pedestrian serious physical injury (Vehicle and Traffic Law § 1146); Supreme Court, Bronx County, transferred the CPLR article 78 proceeding to the App. Div.; App. Div. granted the CPLR article 78 petition, annulled and vacated the determination of respondent Department of Motor Vehicles, and reinstated petitioner's driver's license.

ZERVOS v TRUMP (2018 NY Slip Op 72636[U]):
1st Dept. App. Div. order of 5/17/18; denial of motion; sua sponte examination 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; Appeal--Matters Appealable--Whether Appellate Division order denying a motion for a stay of an action pending determination of an appeal to that court is final and appealable; Constitutional Law--Supremacy Clause- -whether, under the Supremacy Clause of the United States Constitution, the sitting United States President is immune from suit in state court; Supreme Court, New York County, denied defendant's motion to dismiss the complaint or to stay the action for the duration of defendant's term in office; App. Div. denied defendant's motion for a stay of the action pending hearing and determination of the appeal.