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For June 26, 2020 through July 2, 2020, the following preliminary appeal statements
were filed:
MATTER OF ANONYMOUS:
1st Dept. App. Div. orders of 1/22/20 and 5/18/20; motion for a stay; sua sponte
examination of whether the order appealed from finally determines the proceeding within
the meaning of the Constitution and whether a substantial constitutional question is
directly involved to support an appeal as of right; Attorneys and Clients--Disciplinary
Proceedings--Denial of motion to stay disciplinary proceeding; alleged constitutional
violations; App. Div. inter alia, denied respondent attorney's motion for a stay of the
disciplinary proceeding; and denied respondent's motion for leave to appeal.
KESTENBAUM v GLOBUS (2020 NY Slip Op 66321[U]):
2nd App. Div. order of 5/18/20; motion to dismiss; 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; Motions and Orders; Supreme Court, Kings County,
among other things, granted in part plaintiffs' motions to seal filings and directed
plaintiffs' to submit proposed redactions; granted plaintiffs' proposed redactions following
a hearing; App. Div. dismissed the appeal, denied as academic that branch of the motion
which was to extend the time to perfect the appeals, and denied as academic the
application to extend the time to perfect the appeals.
MICHELSEN v THE CITY UNIVERSITY OF NEW YORK (181 AD3d 536):
1st App. Div. order of 3/26/20; affirmance; sua sponte examination of whether a
substantial constitutional question is directly involved to support an appeal as of right;
Colleges and Universities--Judicial Review of Academic Discretion--Whether
respondent school's decision to dismiss petitioner from masters in education
program was irrational, arbitrary and capricious, or contrary to law; alleged
constitutional violations; Supreme Court, New York County, denied the petition to
annul the determination of respondent City University of New York, which dismissed
petitioner from the Hunter College School of Education, and dismissed the CPLR article
78 proceeding; App. Div. affirmed.