Case law

Montanez v. City of Syracuse

District Court, N.D. New York · Aug 31, 2020

for the City and qualified immunity for defendants Fowler and Galvin. … While this litigation did not involve novel legal issues or establish a new principle of law, this was not a run-of-the-mill civil rights case.

Anameze v. Jaddou

District Court, N.D. New York · Feb 10, 2025

"The standard of proof for establishing eligibility for orphan petitions is that of a preponderance of the evidence. … "Congress may delegate to executive officials the discretionary authority to admit noncitizens 'immune from judicial inquiry or interference.' . . .

Iaia v. Commissioner of Social Security

District Court, N.D. New York · Sep 9, 2024

Social Security Administration 17 Commissioner, that's found at 683 F.3d 443, a 2012 Second 18 Circuit case, therein, the Second Circuit stated that this 19 standard is demanding, more so than the clearly … Mere diagnosis, however, does not establish the 14 functional limitations imposed by those impairments.

Gandhi v. NYS Unified Court System

District Court, N.D. New York · Sep 27, 2021

“Although the Court understands the rationale behind this theory, it has been clearly rejected by New York courts.” Id. (citing Phillip v. Sterling Home Care, Inc., 103 A.D.3d 786, 787 (2nd Dep’t 2013)). … Diebel’s letter to the Labor Relations Director and Chief Administrative Judge, on the other hand, does qualify as publication.

Blissett v. Casey

969 F. Supp. 118 · District Court, N.D. New York · Jun 20, 1997

Moreover, as the record demonstrates, clearly plaintiff Blissett prevailed on significant issues in this case. See Ward v. … Once attorney Burns became aware of plaintiff's changed financial status as a result of that judgment, and that plaintiff no longer qualified for pro bono representation, attorney Bums rightfully contacted the court.

Douglas v. McCarthy

District Court, N.D. New York · Jun 26, 2023

“Nonetheless, 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, such that no party be allowed a second bite at the apple … First, Petitioner objects to Judge Dancks’s finding that Petitioner failed to establish adequate grounds for relief on his ineffective assistance of counsel claim. Id.

ICM Controls Corp. v. Honeywell International, Inc.

256 F. Supp. 3d 173 · District Court, N.D. New York · Jun 14, 2017

No. 139-12, at 3, but this does not show that ICM clearly relied upon the preamble language in prosecuting the patent. … According to ICM, a coil qualifies as a relay actuator coil if it is “[a]n inductive actuating device with a single winding of conductor wire.” Joint Claim Construction Statement at 25.

Rys

District Court, N.D. New York · Nov 12, 2025

P. 26(b)(3) “defines a qualified immunity from discovery for documents prepared in anticipation of litigation or for trial” and “this immunity applies . . . … The endeavor to extract information about a clearly irrelevant confidential settlement of an unrelated lawsuit was indefensible.

STEWART PARK AND RESERVE CO-ALITION, INC. v. Slater

225 F. Supp. 2d 219 · District Court, N.D. New York · Sep 30, 2002

The mere presence of the crane was insufficient to establish the land as a type enumerated under the statute. Here, the Stewart Buffer Lands are not home to any endangered species. … Oregon Nat'l Resources Council, 490 U.S. 360, 378 , 109 S.Ct. 1851 , 104 L.Ed.2d 377 (1989) ("When specialists express conflicting views, an agency must have discretion to rely on the reasonable opinions of its own qualified

Cade & Saunders, P.C. v. Chicago Insurance

332 F. Supp. 2d 490 · District Court, N.D. New York · Aug 25, 2004

In addition to those facts, the following facts were established based upon the evidence produced at trial and the testimony of the two witnesses, Kyran Nigro and plaintiff William Cade, Esq. 1 I. … The reason for that is even more compelling where, as here, the issue is clearly a matter of state law.

Samson v. United States

144 F. Supp. 620 · District Court, N.D. New York · May 18, 1956

An analysis of the above-cited cases shows them to be clearly in point. … nor is a/uthorized to be established, but the amount claimed as a deduction for depreciation is actually paid to the beneficiary as income.

Sakanovic v. Mishalanie

District Court, N.D. New York · Sep 19, 2023

However, "an accommodation is reasonable only if its costs are not clearly disproportionate to the benefits that it will produce." Borkowski v. Valley Cent. Sch. … It is well-established that "[t]he duty to make reasonable accommodations does not, of course, require an employer to hold an injured employee's position open indefinitely while the employee attempts to recover[.]"

Beaver

District Court, N.D. New York · Nov 14, 2025

But these generalized allegations, absent more information, are not enough to plausibly establish that plaintiff qualified as “disabled,” or that defendant regarded her as being “disabled,” within the meaning of either … DePierro’s alleged decision to “abruptly” take away plaintiff’s “medically fragile” student, absent something more, would not qualify as an actionable retaliation claim because it does not qualify as an adverse action.

Johnson v. Lee

District Court, N.D. New York · Jun 29, 2021

Aug. 25, 2011) (“[E]ven 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... .”). … Likewise, deliberate indifference to such a general risk may establish the second prong of a failure to protect claim. Id.

Knowlton v. Commissioner of Social Security

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

Mar. 26, 2015) (“State agency physicians are qualified as experts in the evaluation of medical issues in disability claims. … The ALJ found that “[t]his reference to physical symptoms is insufficient to establish a severe mental impairment.” (T. 19.)

Neal v. Riley

District Court, N.D. New York · Aug 14, 2025

, or immunities secured by the Constitution and laws' of the United States." … Any such amended complaint, which shall supersede and replace in its entirety the previous complaint filed by plaintiff, must contain a caption that clearly identifies, by name, each individual that plaintiff is suing in

Ex parte Benedict

3 F. Cas. 159 · District Court, N.D. New York · Sep 30, 1862

Hitherto, no suspension of the writ has ever been authorized by congress since the establishment of the constitution. … After a careful examination of the return made by the marshal, I am satisfied it is. clearly insufficient.

Carpenter v. Mohawk Valley Community College

District Court, N.D. New York · Apr 20, 2020

Here, Carpenter did not even respond to Oneida County’s argument and thus clearly did not show that his failure to file a timely notice of claim should be excused. … Supp. 2d 330, 342 (E.D.N.Y. 2012) (stating plaintiff’s “termination clearly constitutes an adverse employment action”).

Scism v. City of Schenectady

District Court, N.D. New York · Jul 25, 2022

Expert Testimony “While the proponent of expert testimony has the burden of establishing by a preponderance of the evidence that the admissibility requirements of Rule 702 … “The primary locus of this [gatekeeping] obligation is Federal Rule of Evidence 702, which clearly contemplates some degree of regulation of the subjects and theories about which an expert may testify.”

Cao-Bossa v. New York State Department of Labor

District Court, N.D. New York · Aug 19, 2021

Specifically, Defendant argues as follows: (a) Plaintiff cannot establish a prima facie case of discrimination regarding her termination because (i) she was not qualified for her position in that she did not meet legitimate … In this case, Defendant concedes that Plaintiff has established the first and third of these requirements, but disputes that Plaintiff can show that she (a) was qualified for the position, and (b) her termination occurred