Case law

Aguilar De Polanco v. U.S. Department of Justice

123 F. App'x 19 · Court of Appeals for the Second Circuit · Feb 10, 2005

See, e.g., Cervantes-Ascencio v. INS, 326 F.3d 83, 87 (2d Cir.2003) (per curiam). … See Rabiu v.

O'Connell v. Erie Lackawanna Railroad

391 F.2d 156 · Court of Appeals for the Second Circuit · Mar 5, 1968

Co. v. Rychlik, 352 U.S. 480, 489 , 77 S.Ct. 421 , 1 L.Ed.2d 480 (1957). … Further, the Supreme Court’s decision in Felter v.

Finkielstain v. Seidel

857 F.2d 893 · Court of Appeals for the Second Circuit · Sep 8, 1988

The Maryland state court order appointing MDIF as receiver of First Maryland states that “it is impossible and unwise to return the management of First Maryland to its former board of directors or to a new board, to be managed … Ford Motor Co. v. Department of Treasury, 323 U.S. 459, 464 , 65 S.Ct. 347, 350 , 89 L.Ed. 389 (1945). In Excess and Casualty Reinsurance Association v.

Heath v. Banks

692 F. App'x 60 · Court of Appeals for the Second Circuit · Jun 5, 2017

16-3493-cv Heath v. Banks, et al. … DUMAS, ALESIA BROWN, MCCULLEN GROSS, Defendants-Appellees.* FOR PLAINTIFF-APPELLANT: George Heath, pro se, Brooklyn, NY.

Martinez v. Mukasey

551 F.3d 113 · Court of Appeals for the Second Circuit · Dec 18, 2008

United States v. … Gonzales v.

Andrew M. Rohman v. New York City Transit Authority (Nycta), Carmen J. Bianco

215 F.3d 208 · Court of Appeals for the Second Circuit · May 26, 2000

The Board interviewed Bianco, Yongue and Rohman and unanimously concluded that Rohman’s “Marginal” rating should be upgraded to “Good.” The Board explained its decision in a March 17, 1995 memorandum: “Mr. … Bianco informed Yongue of the Board’s decision by memorandum dated March 27, 1995.

Dwen v. Barry

483 F.2d 1126 · Court of Appeals for the Second Circuit · Aug 22, 1973

Hart v. Board of Fire Commissioners, 82 N.Y. 358, 360-61 (1880). … School Board of the Western Beaver Junior-Senior High School, 459 F.2d 339 (3rd Cir. 1972); Richards v. Thurston, 424 F.2d 1281 (1st Cir. 1970); Massie v. Henry, supra.

United States Ex Rel. Picicci v. District Director of Immigration and Naturalization at Port of New York. United States Ex Rel. Rizzi v. District Director of Immigration and Naturalization at Port of New York

181 F.2d 304 · Court of Appeals for the Second Circuit · Apr 18, 1950

Colonna v. … Di Paolo v. Reimer, 2 Cir., 102 F.2d 40, 42 ; U. S. ex rel. Mazur v. Commissioner of Immigration, 2 Cir., 101 F.2d 707, 709

Escalera v. New York City Housing Authority

425 F.2d 853 · Court of Appeals for the Second Circuit · Apr 29, 1970

See Commonwealth of Pennsylvania v. Brown, 260 F.Supp. 323 (E.D.Pa.1966), rev’d on other grounds, 373 F.2d 771 (3 Cir.1967). In Thorpe v. … Board of Education, etc., 373 U.S. 668 , 83 S.Ct. 1433 , 10 L.Ed.2d 622 (1963), we will not yet dismiss her action for failure to exhaust available administrative remedies.

Martha Graham School & Dance Foundation, Inc. v. Martha Graham Center of Contemporary Dance, Inc.

380 F.3d 624 · Court of Appeals for the Second Circuit · Aug 18, 2004

In Carter v. … V.

Cosey v. Lilley

62 F.4th 74 · Court of Appeals for the Second Circuit · Mar 9, 2023

Hyman v. Brown, 927 F.3d 639, 643 8 (2d Cir. 2019) (quoting House v. Bell, 547 U.S. 518, 538 (2006)). … Brown v. Davenport, 142 S. Ct. 1510, 1523 (2022) (cleaned up). This is doubly true when the state has previously defeated the prisoner’s attempt to obtain release.

Insurance Company Of North America v. U.S. Dept. Of Labor

969 F.2d 1400 · Court of Appeals for the Second Circuit · Jul 16, 1992

We previously have ruled that the Director is not entitled to special deference in the face of a Board ruling, Director, OWCP v. General Dynamics Corp. … Banks v.

United States Ex Rel. Rios v. Day

24 F.2d 654 · Court of Appeals for the Second Circuit · Mar 5, 1928

Danikas v. Day (C. C. … Gioia v. Curran [D. C.] 11 F.[2d] 904; In re Lackides [D.

Capitol Coal Corporation v. Commissioner of Internal Revenue

250 F.2d 361 · Court of Appeals for the Second Circuit · Dec 6, 1957

See Spear Box Co. v. Commissioner, 2 Cir., 1950, 182 F.2d 844, 846 ; Bradford v. Commissioner, 6 Cir., 1956, 233 F.2d 935, 936-937 . … The supervisory control exercised through representation on Capitol’s board of directors did not create a proprietary interest.

Richard R. Miscione v. Pennsylvania Railroad Company

284 F.2d 428 · Court of Appeals for the Second Circuit · Dec 5, 1960

The evidence was conclusive that the plaintiff had not “safely” boarded the first step of the car. The New York cases on which appellant relies are readily distinguishable. Thus, in Distler v. Long Island R. … Co. v. Leasure, 193 Md. 523 , 69 A.2d 248, 251 .

United States v. Santos Medina

709 F.2d 155 · Court of Appeals for the Second Circuit · May 27, 1983

Brown v. Ohio, 432 U.S. 161 , 97 S.Ct. 2221 , 53 L.Ed.2d 187 (1977); Ex Parte Nielsen, 131 U.S. 176 , 9 S.Ct. 672 , 33 L.Ed. 118 (1889). … The better reasoned view is that Brown applies only when the government could have, but did not, try the greater and lesser offenses in a single proceeding. See Jeffers v.

Li v. Immigration & Naturalization Service

132 F. App'x 878 · Court of Appeals for the Second Circuit · May 23, 2005

Zhao v. … See Brice v. United States Dep’t of Justice, 806 F.2d 415, 419 (2d Cir.1986). The Attorney General, through the BIA, “has ‘broad discretion’ to grant or deny such motions.” INS v.

Manhattan Beer Distributors LLC v. National Labor Relations Board

670 F. App'x 33 · Court of Appeals for the Second Circuit · Nov 16, 2016

15-2845(L) Manhattan Beer Distributors LLC v. … See NLRB v. J. Weingarten, Inc., 420 U.S. 251, 260, 262 (1975). Therefore, we uphold the Board’s conclusion that Manhattan Beer violated Section 8(a)(1) of the NLRA.

Ming Qing Gao v. Mukasey

278 F. App'x 87 · Court of Appeals for the Second Circuit · May 27, 2008

See Kaur v. BIA, 413 F.3d 232, 233 (2d Cir.2005) (per curiam). … See Yueqing Zhang v. Gonzales, 426 F.3d 540 , 541 n. 1, 545 n. 7 (2d Cir.2005); see also Nwogu v.

Shimer v. Fugazy

982 F.2d 769 · Court of Appeals for the Second Circuit · Dec 17, 1992

William Fugazy was chairman of the Debtor’s board of directors. Roy, William’s son, was formerly the Debtor’s vice president for marketing and is the controlling shareholder of Limousine. A. … Accord Matter of Morrell, 880 F.2d 855 (5th Cir.1989) (bankruptcy court order finding a creditor liable for violating the automatic stay but not determining damages due under § 362(h) is not a final order); In re Brown, 803