Case law

Maroney v. Commissioner of Social Security

District Court, N.D. New York · Jul 6, 2020

As such, Plaintiff's obesity did not qualify as “severe” under the regulations. Id. … the RFC was insufficient to establish the particular limitations the ALJ assigned.

Oliver v. New York State Police

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

principally focuses on an issue that is personal in nature and generally related to the speaker’s own situation or that is calculated to redress personal grievances—even if touching on a matter of general importance—does not qualify … and Immunities Clause of Article IV, section 2, and the Due Process Clauses of the Fifth and Fourteenth Amendments.”

Hill v. Commissioner of Social Security

District Court, N.D. New York · Jul 13, 2020

The plaintiff has the burden of establishing disability at the first four steps. … Thus, the ALJ did take some reaching limitations into account when establishing plaintiff’s RFC.

Brouillette v. Astrue

901 F. Supp. 2d 328 · District Court, N.D. New York · Sep 28, 2012

The Commissioner has established a five-step sequential evaluation process to determine whether an individual is disabled as defined under the Social Security Act. 2 See 20 C.F.R. §§ 416.920 , 404.1520. … Lax qualified as a treating source who rendered a medical opinion that was not inconsistent with the record as a whole. Id. at 11-15.

Clark v. O'Malley

District Court, N.D. New York · Sep 3, 2024

For instance, the ALJ clearly explained his determination that Plaintiff could perform light work was based on the opinions of Drs. Gallagher, Abueg, and Lorensen. T. 20. … Moreover, the ALJ clearly considered Plaintiff’s obesity finding it a severe medical impairment and explicitly considered her body mass index. Id. at 16-17.

Milea v. Hoveman

District Court, N.D. New York · May 20, 2024

relief from a defendant who is immune from such relief.” 28 U.S.C. § 1915A; see also Carr v. … Id. relief against a defendant who is immune from such relief.” 28 (citing Bell Atl. Corp. v. Twombly, 550 U.S. at 555).

Donovan v. Norwich City School District

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

“[T]his tension between permitting a ‘short and plain statement’ and requiring that the statement ‘show[]’ an entitlement to relief is often at the heart of misunderstandings that occur regarding the pleading standard established … (internal citations omitted)) 10 it would be in everyone’s best interest to direct Plaintiff to file a second amended complaint that more clearly provides

DiSanto

District Court, N.D. New York · Mar 23, 2026

Plaintiff alleges that, during the intervening bear the entire penalty without real financial pain, but not poor period, he hired an architect and attempted to work with enough to qualify for a hardship exception.” … process available Accordingly, even if Plaintiff, as a non-lawyer, could not to Plaintiff does not render his claim timely because “a reasonably have known in December 2016, immediately upon continuing violation cannot be established

Meckeler v. Cornell University

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

Plaintiff contends that her "circumstances qualified for an exception to the hiring freeze according to CORNELL and NYSCHE's own protocols, including that she had already been interviewing final candidates. … Now, she was clearly being retaliated against for making that complaint. 30.

Doe v. Colgate University

District Court, N.D. New York · Jun 23, 2020

“To qualify for reconsideration, ‘[t]he moving party [must] point to controlling decisions or data that the court overlooked – matters, in other words, that might reasonably be expected to alter the conclusion reached by … The Court finds, however, that Plaintiff clearly alleged specific breaches in Defendant’s investigating, adjudicating, and sanctioning him in response to Roe’s claim. See Dkt. No. 60 at 18 (citing Dkt. No. 55-1, Ex.

Buczakowski v. Crouse Health Hospital Inc.

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

Protected Activity For the first time in their Reply, Defendants argue that Plaintiff’s complaints wereactually “insubordinate and disruptive conduct [that] clearly fell outside … Supp. 2d 262, 281 (S.D.N.Y. 2013) (“While timing alone may be a basis for establishing a prima facie case, it is not enough to establish pretext at the third stage of the McDonnell Douglas analysis.”).

Rusyniak v. Gensini

629 F. Supp. 2d 203 · District Court, N.D. New York · May 5, 2009

The Court notes that the motive for the recommended action, and its timing, is clearly stated in Attorney Tile’s underlying email message: ”[T]he son of W. … For this reason, the Court need not, and does not, reach the issue of whether an affidavit (or even an email message) that is attached to a pleading would qualify as a "written instrument” for purposes of Fed.R.Civ.P. 10(

Rome Ambulatory Surgical Center, LLC v. Rome Memorial Hospital, Inc.

349 F. Supp. 2d 389 · District Court, N.D. New York · Dec 22, 2004

The issues raised here are not clearly related under this language, but really just take the form of traditional constitutional standing requirements of causation in fact and confirmation that the injury falls within the … A decision on the application of immunity, or any exception, is not required for purposes of this summary judgment motion as plaintiff has set forth sufficient facts regardless.

DiResta Martin v. Martin Jr.

District Court, N.D. New York · Sep 13, 2022

Clearly, there must still be enough fact set out (however set out, whether in detail or in a generalized fashion) to raise a right to relief above the speculative level to a plausible level. See Rusyniak, 629 F. … “By this statute, Congress ‘establishe[d] a cause of action for “the deprivation of any rights, privileges, or immunities secured by the Constitution and laws” of the United States.’” Smiley v.

LaRock v. Albany County Nursing Home

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

“Evidence should be excluded on a motion in limine only when the evidence is clearly inadmissible on all potential grounds.” United States v. Paredes, 176 F. Supp. 2d 179, 181 (S.D.N.Y. 2001) (citations omitted). … Salzman’s experience as a physician qualifies him to testify as to the contested topics and 3) assert that Dr.

New York State Rifle & Pistol Association, Inc. v. Beach

District Court, N.D. New York · Sep 22, 2023

Based on the range of reasonable hourly rates established by the cases cited by Plaintiffs, Plaintiffs may recover for Mr. … As to Cooper & Kirk’s work before this Court, spending over 100 hours is clearly excessive for a relatively straightforward complaint and an opposition to Defendants’ motion to dismiss when the outcome of that motion was

In re Progressive Ware Paper Corp.

224 F. 143 · District Court, N.D. New York · Jun 4, 1915

Justin was duly appointed trustee of the bankrupt estate and property and duly qualified as such. … In the hands of a bona fide holder for value when purchased on the market such bonds would be held valid; but in the hands of the pledgee of the corporation clearly ■such issue would be invalid.

Martineau v. Kijakazi

District Court, N.D. New York · Feb 22, 2022

Zandi's 25 opinions and seeks a remand with a directed finding of 1 disability arguing that there is persuasive proof in the 2 record to establish disability. … Ferrin is a qualified expert in the field 21 of Social Security Disability such as Sonjah H. v. Berryhill, 22 2019 WL 936630, from the Northern District of New York, 2019. 23 However, Dr.

Brubach v. Commissioner of Social Security

District Court, N.D. New York · May 9, 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.

J.M. v. Sessions

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

If the movant is able to establish a prima facie basis for summary judgment, the burden of production shifts to the party opposing summary judgment who must produce evidence establishing the existence of a factual dispute … immunity protects them from liability as a matter of law.