Case law

Finney

District Court, N.D. New York · Mar 19, 2026

qualify as uncompensated time in excess of 40 hours. … AMN Servs., LLC, 987 F.3d 848, 853 (9th Cir. 2021) (“Here, AMN, as the employer, bears the burden of establishing that its per diem payments qualify as an exemption from the regular rate of pay under the FLSA.”).

In re Smith

176 F. 426 · District Court, N.D. New York · Feb 1, 1910

Section 59a and b of the act provide: “Who may file and dismiss petition, (a) Any qualified person may file a petition to be adjudged a voluntary bankrupt.. … Clearly, there is no evidence to support a finding that Alnutt split up any claim he had as it is proved beyond all question that he never owned that judgment although it stood in his name.

Cooper v. State of New York

District Court, N.D. New York · Nov 3, 2023

The moving party bears the burden of establishing that evidence is inadmissible for any purpose and so properly excluded on a motion in limine. See United States v. Pugh, 162 F. … Special Interrogatories Plaintiff requests that Defendants, to the extent they intend to file special interrogatories to the jury relating to Defendants’ Qualified Immunity defense, that

Robert F. v. North Syracuse Central School District

District Court, N.D. New York · Aug 12, 2021

The Rehabilitation Act “creates a duty to gather sufficient information from the disabled individual and qualified experts as needed to determine what accommodations are necessary.” Duvall v. … New York Hosp., 242 F.3d 365 (2d Cir. 2000) (summary order) (finding no violation even where plaintiff “was clearly denied the interpreter services she required and was entitled to under the law” because she “failed to

Phelan v. Corning

568 F. Supp. 904 · District Court, N.D. New York · Jun 30, 1983

He has been an important asset to the Department, having established programs for street cleaning, sidewalk repairs, street surfacing and sewer work. … The sequence of actions taken by Maikels clearly reveals his true opinion of plaintiff’s abilities. 4 .

Doe v. The NYS Office of Children and Family Services

District Court, N.D. New York · Jul 7, 2021

Pearl, 296 F.3d at 84 (“In the pending case, we clearly borrow New York’s rule of tolling during infancy, see N.Y. … Thus, OCFS is entitled to Eleventh Amendment immunity against suit in federal court under the NYSHRL.

Walker v. Cuomo

District Court, N.D. New York · Dec 11, 2020

Chen Qualified Settlement Fund, 552 F.3d 218, 227 (2d Cir. 2009) ("[A]dverse rulings, without more, will rarely suffice to provide a reasonable basis for questioning a judge's impartiality."); Moskovits v. … Thus, 5 he fails to establish grounds for the Court's recusal. Accordingly, his motion for recusal is denied."), aff'd, 310 Fed.

Malek v. New York State Unified Court System

District Court, N.D. New York · Sep 6, 2022

Chen Qualified Settlement Fund, 552 F.3d 218, 227 (2d Cir. 2009) ("[A]dverse rulings, without 5 more, will rarely suffice to provide a reasonable basis … Thus, he fails to establish grounds for the Court's recusal. Accordingly, his motion for recusal is denied."), aff'd, 310 Fed. App'x 424 (2d Cir. 2009); Hoatson v.

Dahl v. Commissioner of Social Security

District Court, N.D. New York · Jul 22, 2024

Supp. 2d 168, 187 (E.D.N.Y. 2011) (remanding for ALJ to explain rationale more clearly). … Tr. at p. 25. 14 These two opinions are clearly consistent with each other.

Brothers

District Court, N.D. New York · Dec 1, 2025

Rules of Evidence states: If a witness is not testifying as an expert testimony in the form of an opinion is limited to one that is: (a) rationally based on the witness’s perception, (b) helpful to clearly … This is particularly true because (1) the Fall did not cause any significant 6 For example, “a lay witness with experience could testify that a substance appeared to be blood, but [ ] a witness would have to qualify as

Lamando v. Equifax Information Services, LLC

District Court, N.D. New York · Jan 24, 2024

risk of injury" and (2) "[the p]laintiff's allegations that inaccurate information about her was distributed . . . to one or more third parties similarly does not constitute concrete injury because the complaint does not clearly … The Irby court did note, however, "[t]his does not mean that the reporting of a discharged debt is immune from the reach of the discharge injunction.

Justice v. Coughlin

941 F. Supp. 1312 · District Court, N.D. New York · Oct 15, 1996

Post-Sandin Second Circuit Case Law Second Circuit decisions since Sandin establish that Sandin applies retroactively, Samuels v. … immunity grounds.

Yarrington v. Candor Central School District

District Court, N.D. New York · Mar 27, 2020

Under the “McDonnell Douglas test,” a plaintiff must first establish a prima facie case of discrimination by showing that “’(1) she is a member of a protected class; (2) she is qualified for her position; (3) she suffered … Plaintiff’s termination clearly establishes an adverse employment action to satisfy the third element of her prima facie claim of discrimination.

Battle

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

Analysis Plaintiff brings this action pursuant to Section 1983, which establishes a cause of action for " 'the deprivation of any rights, privileges, or immunities … Lewis, 518 U.S. at 349, 351-53 (noting that "an inmate cannot establish relevant actual injury simply by establishing that his prison's law library or legal assistance program is subpar in some 4 To the extent that

Verdi

District Court, N.D. New York · Feb 12, 2026

dismiss the complaint, or any portion of the complaint, if the complaint . . . is frivolous, malicious, or fails to state a claim upon which relief may be granted; or . . . seeks monetary relief from a defendant who is immune … “[W]hile inmates clearly retain protections afforded by the First Amendment, the Constitution sometimes permits greater restriction of such rights in a prison than it would allow elsewhere[.]” Burns v.

American Patriot Express v. The City of Glens Falls, New York

District Court, N.D. New York · Sep 18, 2020

Second, Defendants argue that Plaintiffs’ fear that they will be subject to enforcement under § 87 is too speculative to establish standing, because “Plaintiffs have completely failed to provide any record evidence establishing … Conn. 1985) (“[T]he balancing of the plaintiffs’ interest in free speech against the city’s interest in being able to enforce an unconstitutional ordinance clearly establishes that the equities tilt decidedly in favor of

McLaughlin v. New York, Governor's Office of Employee Relations

784 F. Supp. 961 · District Court, N.D. New York · Mar 5, 1992

Courts having addressed this issue have unambiguously ruled that purging personnel records qualifies as equitable relief recoverable under Title VII. E.g. Hale v. Marsh, 808 F.2d 616, 620 (7th Cir.1986); Smith v. … In light of the established rule that district courts have very broad equitable power to fashion remedies under Title VII, see Arizona Governing Cmte. v.

Granato v. Commissioner of Social Security

District Court, N.D. New York · Feb 10, 2020

Thus, “[a]n impairment that manifests only some of those | criteria, no matter how severely, does not qualify.” Jd. … [the court] is ‘able to look to other portions of the ALJ’s decision and to clearly [identify] credible evidence in finding that his determination was supported by substantial evidence’”’).

Keeler v. Saul

District Court, N.D. New York · Apr 24, 2020

The ALJ, in finding that Plaintiff's fibromyalgia did not qualify as a medically determinable impairment, first noted that for fibromyalgia to qualify under SSR 12-2p, Plaintiff needed to provide "evidence from an acceptable … However, it is Plaintiff's burden to establish the criteria under SSR 12-2p. Woodmancy v. Colvin, 577 Fed. Appx. 72, 74 (2d Cir. 2014).

Kampfer v. Argotsinger

District Court, N.D. New York · Feb 25, 2020

“To establish a procedural due process violation, a plaintiff ‘must: (1) identify a property right; (2) establish that governmental action with respect to that property right amounted to a deprivation; and (3) demonstrate … , qualified immunity, or personal involvement.