Case law

DeWald v. Amsterdam Housing Authority

823 F. Supp. 94 · District Court, N.D. New York · Jun 7, 1993

In Barbano, the Second Circuit found that a board improperly relied upon a discriminatory recommendation in deciding to hire a male job applicant over an arguably more qualified female. Id. … This is perhaps most clearly evidenced by the fact that if Moore had not attended the meetings, then he presumably would not be called as a witness.

Young v. Eckert

District Court, N.D. New York · Sep 14, 2021

That ruling was neither contrary to, nor an unreasonable application of, clearly established Supreme Court law. … Thus, the Appellate Division's denial of the aspect of Petitioner's appeal based upon the prosecution's burden-shifting comment was neither contrary to, nor represented an unreasonable application of, clearly established

New v. Kijakazi

District Court, N.D. New York · Mar 20, 2023

It's an extremely deferential standard, more 9 deferential than the clearly -- more stringent, I should say, 10 than the clearly erroneous standard that we as lawyers are 11 familiar with. … Bode does qualify as 25 a treating source. 1 Nonetheless, the ALJ properly rejected Ms.

Greathouse v. Meddaugh

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

sentenced to parole supervision). 4 Even assuming otherwise, the “flexible, context-dependent approach” to procedural due process claims “makes particularly fertile ground for qualified … immunity.”

Jackson v. Wilcox

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

The undersigned has reviewed plaintiff's IFP motion and determines that he financially qualifies to proceed IFP for the purpose of filing." ll. … any time if the court determines that . . . the action or appeal (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune

Sorrell v. Commissioner of Social Security

District Court, N.D. New York · Aug 21, 2023

The plaintiff has the burden of establishing disability at the first four steps. … However, this standard is a very deferential standard of review “– even more so than the ‘clearly erroneous standard.’” Brault, 683 F.3d at 448.

Wong v. State of New York

District Court, N.D. New York · Aug 26, 2024

Schwartz nor did they "attempt to establish a search or consider qualified application from under- represented minority backgrounds in violation of SUNY Memorandum: Diversity, Equity, and Inclusion Policy." … Nonetheless, assuming, arguendo, that the temporal proximity alone establishes prima facie retaliation, "[t]o establish pretext, plaintiff must produce sufficient evidence to cast doubt onto defendants' proffered reasons

Manship v. TD Bank, N.A.

District Court, N.D. New York · Mar 16, 2021

under Section 349 because (a) Section 399-zzz applies to all businesses, including Defendant, and (b) Defendant’s account statements are within the scope of Section 399-zzz in that (i) Defendant’s account statements qualify … Because Defendant’s communication surrounding fees for paper statements is not protected by the First Amendment, and the government interest qualifies as substantial, the Court must analyze whether the statute directly

In re Thomas

199 F. 214 · District Court, N.D. New York · Aug 5, 1912

Senior was duly appointed trustee of his estate, and he duly qualified May 12, 1910. Ames-Dean Claim. May 3, 1909, said John B. … Clearly so, I think. So far as Thomas is concerned, he knew that he was hopelessly insolvent. The facts proved and within his knowledge show this.

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

District Court, N.D. New York · Jul 22, 2020

Should the City Clerk deny the application, the City Clerk must “clearly state, in writing, what the grounds for denial are, and, if possible to cure the defect, the City will clearly state in writing how that cure could … The real threat of enforcement of the anti-sign provision thus establishes standing, as Plaintiffs must self-censor or risk sanctions that clearly apply to allegedly protected First Amendment conduct involving signs.

United States v. Barbour

150 F. Supp. 2d 369 · District Court, N.D. New York · Jun 6, 2001

The transcript of the proceeding clearly demonstrates that defendants’ pleas to the charged offense and relevant conduct were voluntary and unequivocal. … If she had, the Circuit clearly would not have assigned her to represent both defendants on appeal. Yet Ms.

Webster Jr. v. Stewart

District Court, N.D. New York · Oct 25, 2021

Regardless of the statute to which he refers, he is clearly aware of the concept of a statute of limitations. … While plaintiff’s form-complaint is “short,” it is lacking in any detail which would establish a claim against the defendant.

Kurec v. CSX Transportation, Inc.

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

In other words, the Lockhart court appears to have been worried precisely about this scenario—a worker immunizing himself from discipline by being under the influence for recreational purposes. … Clearly then, Plaintiff’s refusal to violate federal regulations by reporting to the derailment “tend[ed] to affect . . . the outcome of the decision.”

Meacham v. Knolls Atomic Power Laboratory

185 F. Supp. 2d 193 · District Court, N.D. New York · Feb 13, 2002

Levendusky further testified that after his return to KAPL, he checked the listings of job openings within KAPL but saw no listing for a position comparable to his former position for which he might be qualified. … I.R.S., 821 F.2d 930, 933 (2d Cir.1987) (holding that parking fees “clearly represent the reasonable costs of litigation and are recoverable”). Accordingly, plaintiffs’ claim for parking fees will be allowed. f.

Lorefice v. State of New York

District Court, N.D. New York · Aug 18, 2022

The assertion that the DEC did not have grounds to terminate him is clearly contradicted by the complaint. … Feb. 17, 2022) (concluding that the plaintiff established a prima facie case of racial stereotyping in light of statements made by the plaintiff's supervisor in response to a colleague's racist comments); Back v.

Ehre v. New York Ex Rel. Hennessy (In Re Adirondack Railway Corp.)

95 B.R. 867 · District Court, N.D. New York · Mar 16, 1988

Thus, the State is now proposing, at best, a qualified agreement, subject to its own ultimate approval, not the Court’s. Contra Fed.R.Bankr.P. 9019(a). … Even assuming the settlement is more than tentative and is, in fact, binding, the *877 same result is demanded under the four-part test established by the Drexel court, supra, 35 F.2d at 806 .

Tomra of North America, Inc. v. Count & Crush, LLC

District Court, N.D. New York · Sep 18, 2023

Defendants also clearly desired that the machines would do more than manually count UBCs placed into the machines. TOMRA understood as much. … That it did so consistent with specifications from Defendants does not immunize it from liability. Id.

Jeanty v. Sciortino

District Court, N.D. New York · Mar 24, 2025

Recognizing the with clearly established deadlines. … or mixed motive cannot be determined. immunity that is claimed.”

Talada v. International Service System, Inc.

899 F. Supp. 936 · District Court, N.D. New York · Oct 10, 1995

. § 1604.11 (a)(2) (1993) (Guidelines established by the Equal Employment Opportunity Commission)). … “Hostile environment and quid pro quo harassment causes of action are not always clearly distinct and separate.

Salvana v. New York State Department of Corrections and Community Supervision

District Court, N.D. New York · Mar 6, 2025

No. 93-4, at 48–49, 55), Plaintiff’s speech clearly extended beyond personal grievances and interests to focus on patient care. … immunity.