Case law

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.

MacInerney, PhD v. Allen

District Court, N.D. New York · Feb 24, 2022

(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 from such relief.” 28 U.S.C. § 1915(e)(2). … Plaintiff pleads no facts that would establish that Defendants’ conduct amounted to state action. See McGugan v.

Servello v. New York State Office of Children and Family Services

District Court, N.D. New York · Sep 30, 2021

Plaintiff argues there was no clearly established rule allowing for promotion from CPSST to CPSS1 when Plaintiff was hired, and that Plaintiff was not notified he would undergo additional on-the-job scrutiny. … Because the Plaintiff has not established good cause, Plaintiff's cross-motion is hereby denied.

Lewis v. Hanson

District Court, N.D. New York · Apr 9, 2020

“[Section] 1983 provides a civil claim for damages against any person who, acting under color of state law, deprives another of a right, privilege or immunity secured by the Constitution or the laws of the United States … The Amended Complaint clearly states a claim for excessive force. It alleges that several C.O.s savagely and without justification attacked Plaintiff. Am Compl. ¶¶ 18–26.

Braman v. Public Employer Risk Management Association, Inc.

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

However, Plaintiff avers that "at all relevant times Plaintiff was able and more than qualified to perform the essential functions of her job with or without the reasonable accommodation." … No. 35 at 19, Plaintiff has previously admitted that "this Court has jurisdiction under 28 U.S.C. § 1334(a) and is qualified to decide the issue." Dkt. No. 31 at 2.

Cedarwood Land Planning v. Town of Schodack

954 F. Supp. 513 · District Court, N.D. New York · Jan 31, 1997

F at 7], This assertion, however, must be qualified in light of plaintiffs submissions. In his affidavit, Cedarwood President Richard P. Benko asserts that.a draft EIS was submitted on September 12,1988. … (b) The Planning Board’s Discretion Furthermore, “[t]o have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it....

United States Court Security Officers v. Centerra Group, LLC

District Court, N.D. New York · May 15, 2025

whether Walden agreed to submit the Grievant to the Marshals Service, and then whether the Marshals Service approved the Grievant to work, which would likely require the Grievant to submit to a new physical examination and qualify … of whether the parties expressly stated their intent to bifurcate the arbitration proceeding, their actions clearly manifested that intent.

Laskowski v. St. Camillus Nursing Home Company, Inc.

District Court, N.D. New York · Sep 10, 2024

Camillus has not established that they will be meaningfully prejudiced if leave to amend is granted at this relatively early stage. … This notice must clearly and concisely state in an easily understood language the following information: (1) the nature of the action; (2) the definition of the class certified; (3) the class claims, issues, or defenses

Poyneer v. New York State United Teachers

District Court, N.D. New York · Feb 27, 2024

Second, the Union Defendants argue that, apart from the merits, the claims against the Union Defendants should be dismissed because their conduct does not qualify as a state action. (Id. at 13-15.) … However, it is well-established that a district court is permitted to consider evidence outside of the pleadings when resolving a motion pursuant to Fed. R. Civ.

Facci-Brahler v. Montgomery County

District Court, N.D. New York · Mar 31, 2021

Where, as in the instant case, direct evidence of discrimination is lacking, “what must be plausibly supported by facts alleged in the complaint is that the plaintiff is a member of a protected class, was qualified, suffered … Furthermore, Plaintiff’s termination clearly constitutes an adverse employment action. See Bader v. Special Metals Corp., 985 F.

Burrell v. Bell

District Court, N.D. New York · Sep 11, 2025

“[t]he violation must be established against the supervisory official directly.” … immunity on this claim.

Parent v. Kijakazi

District Court, N.D. New York · Jun 12, 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.

Matthews v. Cuomo

District Court, N.D. New York · Mar 3, 2020

immunity applies because every individual defendant is sued in his or her personal capacity only and there are no claims for injunctive relief. … can establish DOCCS' deliberate indifference to this third-party conduct "by providing evidence that shows a failure to respond, a response that only follows after a lengthy and unjustified delay, or a response that is clearly

Doe v. YWCA of Northeastern NY

District Court, N.D. New York · Feb 12, 2020

that Plaintiff seeks recovery of damages for losing benefits from HUD, her remedy is not an FHA claim, but an action involving HUD. 5The Court declines to determine whether qualified … immunity applies under the circumstances. 13 explained below.

Janicke v. Saul

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

At the last session, it was agreed that the 22 frequency should be increased to weekly, so it's clear that Dr. 23 Stang qualifies as a treating source. The treatment provided by 24 Dr. … The -- the opinion is clearly 4 a check-the-box form. Although, there are differing 5 check-the-box forms, some of which are more comprehensive than 6 others.

Walker v. Cuomo

District Court, N.D. New York · Apr 24, 2023

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. … Retaliatory destruction of a prisoner’s personal property can qualify as an adverse action when there is at least a “substantial amount” of personal property destroyed. See Smith v.

ICM Controls Corp. v. Honeywell International, Inc.

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

“Insofar as factual or non-core work-product is concerned, the privilege is qualified and does not protect everything a lawyer does. . . . … The declaration clearly includes the mental impressions and theories and strategy of counsel, and would constitute opinion work product. During the primary interview of Mr.

Wilson v. Commissioner of Social Security

District Court, N.D. New York · Oct 1, 2020

The plaintiff has the burden of establishing disability at the first four steps. … If a plaintiff’s impairment “manifests only some of those criteria, no matter how severely,” such impairment does not qualify. Debra E. v. Comm’r of Soc. Sec., No. 6:18-CV-513 (NAM), 2019 WL 4233162, at *6 (N.D.N.Y.

Chung v. Board of Parole

District Court, N.D. New York · Apr 25, 2023

Analysis Plaintiff brings this action pursuant to Section 1983, which establishes a cause of action for "'the deprivation of any rights, privileges, or immunities secured … Simply put, while plaintiff clearly disagrees with the outcome of his parole review, other than conclusory allegations, the amended complaint is devoid of any facts which plausibly suggest that plaintiff was arbitrarily

Quessenberry

District Court, N.D. New York · Feb 9, 2026

In doing so, he clearly credited some of Plaintiff's testimony regarding his own limitations. See, e.g., Tr. at pp. 49 & 59-61. … Here, the ALJ clearly credited portions of Plaintiff's testimony, as well as portions of the differing medical opinions to reach an informed RFC determination.