Case law

Advanced Fiber Technologies Trust v. J & L Fiber Services, Inc.

751 F. Supp. 2d 348 · District Court, N.D. New York · Jan 12, 2011

AFT offers nothing that would qualify as “new evidence” in support of this position. … This definition of rivet imports the qualifying term "permanent” from the definition for "riveting.”

Gosier v. Collins

District Court, N.D. New York · Oct 25, 2024

Adirondack Beverage Co., 141 F.3d 434, 437 (2d Cir. 1998) (“[A]n action is ‘frivolous’ when either: (1) the factual contentions are clearly baseless . . . or (2) the claim is based on an indisputably meritless legal theory … Analysis Plaintiff seeks relief pursuant to Section 1983, which establishes a cause of action for “‘the deprivation of any rights, privileges, or immunities secured

Levy v. Scranton

780 F. Supp. 897 · District Court, N.D. New York · Dec 20, 1991

Second, plaintiffs contend that the Board has misapplied section 5-104(2) in determining whether the students were qualified to register and vote in Saratoga Springs. … The inquiry into causality is largely factual and a district court’s findings on these matters will be set aside only if they are clearly erroneous. Id. at 759 *905 (citations omitted).

Ryan v. Astrue

650 F. Supp. 2d 207 · District Court, N.D. New York · Jul 1, 2009

Finn found that Plaintiff exhibited marked difficulty in *214 communicating clearly and effectively, getting along with family, getting along with friends, getting along with neighbors, displaying awareness of others’ feelings … Harts-horn’s very brief treatment history with Plaintiff qualified her as Plaintiffs treating physician, and thus her review and ratification of Ms.

United States v. Carswell

144 F. Supp. 2d 123 · District Court, N.D. New York · Apr 13, 2001

Clearly, she was distraught and feared for her life. … The rules governing the actual hearing and the ultimate detention decision are now well established.

Grant v. National Bank of Auburn

232 F. 201 · District Court, N.D. New York · Apr 12, 1916

Lewisi Grant, was duly appointed trustee in bankruptcy of the estate and property of said bankrupt; and that he duly qualified and has since acted as such. II. … Proof or establishment of this fact was necessarily made up of proof of many facts and circumstances established to the satisfaction of the referee, such as proof of insolvency, the existence of other creditors, and actual

Pogliani v. United States Army Corps of Engineers

166 F. Supp. 2d 673 · District Court, N.D. New York · Aug 10, 2001

Downs’ status as a environmental student and fisherman hardly qualifies him to opine regarding the environmental impact of construction activities in and around wetlands, the existence of endangered plant species along the … In fact plaintiffs have submitted no competent admissible evidence to establish that at the time the Army Corps issued its permit to Athens Generating, St.

Wallace v. Commissioner of Social Security

District Court, N.D. New York · Aug 12, 2024

Standard to Determine Disability of a Child To qualify for social security income, a child under the age of eighteen must have “a medically determinable physical or mental impairment which results in marked and … Skeval’s unexplained, more restrictive findings were not persuasive as inconsistent with the record was clearly supported by substantial evidence.

Kirby

District Court, N.D. New York · Nov 5, 2025

The undersigned has reviewed plaintiff's IFP application and determines that he financially qualifies to proceed IFP.2 The undersigned must now assess the merits of plaintiff's complaint pursuant to … Plaintiff does not even clearly state whether Spicer and Hennessy were, in fact, his attorneys. See generally Dkt. No. 1.

Burns v. Trombly

624 F. Supp. 2d 185 · District Court, N.D. New York · May 7, 2008

R.Civ.P. 8(a)(2) as “simplified” and “liberal,” and has repeatedly rejected judicially established pleading requirements that exceed this liberal requirement. 22 However, it is well established that even this liberal notice … Ashcroft, 352 F.3d 521, 525 (2d Cir.2003) (relying on summary affirmances because "they clearly acknowledge the continued precedential effect” of Domond v.

Alaei v. State University of New York at Albany

District Court, N.D. New York · Jun 11, 2024

To establish a property interest, “a person clearly must have more than an abstract need or desire for it;” instead, he must “have a legitimate claim of entitlement to it.” Roth, 408 U.S. at 577. … District Judge 23 Having granted summary judgment on all of Plaintiffs § 1983 claims, the Court need not reach Defendants’ arguments regarding qualified immunity. 4 Tn opposing Defendants’ motion, Plaintiff urges the Court

Crysler v. Astrue

563 F. Supp. 2d 418 · District Court, N.D. New York · Jun 27, 2008

Clearly, a far better practice would be for the notice of hearing to make specific reference to the fact that the representative can indeed be an attorney, and to remind the claimant of the options available for securing … There are groups that can help you find a lawyer or give you free legal services if you qualify. There are also lawyers who do not charge unless you win your appeal.

Farrell

District Court, N.D. New York · Jun 22, 2026

Ballas opines that Plaintiff's "ongoing symptoms are clearly affecting her relationships and vocational functioning." See Dkt. No. 248-3, Ballas Report, at 22. Furthermore, Dr. … Ballas is qualified to testify regarding his opinion about Plaintiff's yearly medical costs. In this regard, Dr.

Delaney v. City of Albany

District Court, N.D. New York · Sep 4, 2020

Further, assuming there is a seizure, a defendant sued for false arrest may avoid liability if he had probable cause to arrest or is protected by qualified immunity. See Simpson v. … Thus, “a limited frisk for weapons before placing a suspect in a police car, pursuant to an established policy, reflects an appropriate balancing of the interests at stake.”

Lewis v. R. L. Vallee, Inc.

District Court, N.D. New York · Apr 23, 2024

That said, “even a pro se party’s objections to a Report and Recommendation must be specific and clearly aimed at particular findings in the magistrate’s proposal . . . .” Machicote v. … “A reasonable accommodation is one that ‘enable[s] an individual with a disability who is qualified to perform the essential functions of that position.’” Affiliated Enter.

Ferrelli v. State of New York Unified Court System

District Court, N.D. New York · Mar 7, 2022

to Eleventh Amendment immunity. … Aug. 27, 2021) (“Because McCluskey’s failure to establish a likelihood of success on the merits suffices to dispose of this appeal, we need not consider the district court’s additional conclusion that he had not established

Schofield v. Commissioner of Social Security

District Court, N.D. New York · Jun 10, 2022

The ALJ’s findings at these first two steps were clearly favorable to Plaintiff and no basis for remand. … The information gleaned from the medical notes of two providers clearly does not meet those standards.

Cellco P'ship v. Town of Clifton Park

365 F. Supp. 3d 248 · District Court, N.D. New York · Feb 6, 2019

Therefore, although "[t]he TCA clearly establishes procedural requirements that local boards must comply with in evaluating cell site applications ... the TCA does not 'affect or encroach upon the substantive standards to … be applied under established principles of state and local law.' " Id.

Congdon v. Saul

District Court, N.D. New York · Apr 29, 2020

Douglas Rahner's opinion 23 contending that he qualifies as a treating source. … clearly was a serious impairment, but 14 it only lasted three months in 2012 and was resolved in October 15 of 2012.

Martin v. Albany Business Journal, Inc.

780 F. Supp. 927 · District Court, N.D. New York · Jan 13, 1992

It is true that the leading Supreme Court case discussing informant’s privilege clearly instructs that the privilege is limited to the informant’s identity and does not extend to protect their statements. … Corp., 66 F.R.D'. 215, 218 (S.D.N.Y.1974) (burden is on moving party to establish relevance). Since “[disclosure should not be directed simply to permit a fishing expedition,” United States v.