Case law

Myers v. The Municipality of Greene County

District Court, N.D. New York · Jan 14, 2020

“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. … The recommendation is not clearly erroneous. As with Plaintiff’s FOIL claims, Plaintiff appears to argue that the denial constituted First Amendment retaliation. See Am.

Walters v. Fischer Skis U.S., LLC

District Court, N.D. New York · Aug 10, 2022

“The party invoking federal jurisdiction bears the burden of establishing these elements.” … The Court finds that the sale of ski equipment and apparel can clearly be categorized under the ADA as a “sales or rental establishment” akin to a “clothing store . . .

Frey v. Commissioner of the Social Security Administration

District Court, N.D. New York · Feb 19, 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.” Id.

Kumpf v. New York State United Teachers

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

Here, the dues deduction authorization’s language clearly and unambiguously provides that notice of revocation must be “written” and signed” and sent “via U.S. … To establish a property interest, “a person clearly must have more than an abstract need or desire for it;” instead, she must “have a legitimate claim of entitlement to it.” Bd. of Regents of State Colleges v.

Martin v. Commissioner of Social Security

District Court, N.D. New York · Sep 26, 2019

She added, “I have problems with remembering things now and, like, a brain fog that just – sometimes I can’t even think clearly or get words to come out the way I need to.” Id. … “Acceptable medical sources” are further defined by regulation as licensed physicians, psychologists, optometrists, podiatrists, and qualified speech-language pathologists. § 416.913(a).

Trapani

District Court, N.D. New York · Sep 11, 2026

concludes he is financially qualified for leave to proceed IFP. See Dkt. Nos. 4, 6. Accordingly, plaintiffs IFP application is granted.? ll. … Health Law § 2805-D(3) (stating, to establish a medical malpractice cause of action based on lack of consent “it must also be established that a reasonably prudent person min the patient's position would not have undergone

Clark v. Commissioner of Social Security

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

“Ifa claimant’s impairment ‘manifests only some of those criteria, no matter how severely,’ such impairment does not qualify.” Id. (quoting Sullivan v. … The ALJ must “clearly demonstrate[] [that] he considered the entire case record... as required by SSR 16-3p.” Kearney v. Berryhill, No. 1:16- CV-00652-MAT, 2018 WL 5776422, at *6 (W.D.N.Y.

Gaetano

District Court, N.D. New York · Mar 27, 2026

As with the stable value funds, plaintiffs clearly lack standing to pursue a claim based on the T. … See Def.’s Mot. at 24–26 (citing Use of For- feitures in Qualified Retirement Plans, 88 Fed. Reg. 12282, 12283 (proposed Feb. 27, 2023) (to be codified at 26 C.F.R. pt. 1)).

Bradshaw v. Gordon

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

Although the Second Circuit has cautioned against "an overly detailed inquiry into whether the allegations qualify for the exception," id. at 169-70 (quoting Andrews v. … T.10 The recordings from June 6 and July 7 clearly show that corrections officials offered plaintiff his meals, which he refused; and one of the recordings from July 3 shows that plaintiff was asked to turn on the light

Bishop

District Court, N.D. New York · Mar 30, 2026

However, “her own administrative error” is no excuse for lack of diligence in complying with clearly established deadlines. … In assessing the adequacy of a privilege log, courts must also ask whether it “suffice[s] to establish each element of the privilege or immunity that is claimed.” A.I.A. Holdings, S.A. v.

Robert F. v. North Syracuse Central School District

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

"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). … Under Section 504 of the Rehabilitation Act of 1973, "[t]o establish a prima facie violation ... a plaintiff must show that one is: (1) a 'handicapped person' as defined in the RA; (2) 'otherwise qualified' to participate

Wray

District Court, N.D. New York · Feb 20, 2026

With respect to plaintiffs FCRA and state law claims, 30, 2016) (“[Section 168 lh(e)] essentially affords ... qualified the court is recommending dismissal without prejudice, immunity against the types … Plaintiff must state all of her claims in the 2013) (“Thus, defendants have qualified immunity against new pleading and may not incorporate by reference any part defamation actions, which can only be overcome where

Fava v. Ward

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

To establish a substantive due immunity from being falsely or wrongly accused of conduct which may result in the deprivation of a protected liberty interest.’” Willey v. … He has not alleged any behavior that “shocks the contemporary conscience” and establishes a substantive due process claim.

Yaromich v. Commissioner of Social Security

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

Plaintiff stands 16 5'6" in height and weighs 238 pounds, which qualifies her as 17 obese. … 8 Barnhart, 2008 WL 10655336 from the Northern District of New 9 York, 2008. 10 The last argument is the step five argument. 11 Clearly

Murphy v. Onondaga County

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

To demonstrate a causal connection, such to “survive a motion to dismiss,” a plaintiff “need not clearly establish that the defendant harbored retaliatory intent. … Supp. 3d at 235 (holding, that to “survive a motion to dismiss,” a plaintiff “need not clearly establish that the defendant harbored retaliatory intent.

Coffin v. Commissioner of Social Security

District Court, N.D. New York · May 19, 2022

July 16, 2021) (rejecting similar argument where “the ALJ clearly considered plaintiff’s mental impairments as part of his larger RFC analysis”); see also Amanda R., 556 F. … Supp. 3d at 152 (“It is well-established that the ALJ has both the ability and the responsibility to resolve conflicts in the evidence.”).

United States v. Walker

922 F. Supp. 732 · District Court, N.D. New York · Apr 10, 1996

Such an argument clearly is inadequate to justify dismissal of the indictment, and the motions to dismiss therefore are denied. … The search warrant also contained the following language qualifying the above description with: “being a large, multiple-story, wooden frame residential dwelling.” Id. at 1199 .

Freedom Mortgage Corporation v. Wagner

District Court, N.D. New York · Jul 2, 2024

The Court has "significant discretion" when deciding whether to grant a default judgment and may consider numerous factors in making the decision, "including whether the grounds for default judgment are clearly established … within thirty (30) days of a decision of this Court with respect to any application for additional compensation; and the Court further ORDERS that by accepting this appointment, the Referee certifies that they are qualified

Coon v. Kijakazi

District Court, N.D. New York · Mar 17, 2022

Slowik clearly establishes that there was no error in this respect. Second, Plaintiff claims that, contrary to the ALJ’s decision, her treatment history and ADLs do not undermine Dr. … Nov. 5, 2018) (“an ALJ is entitled to rely on opinions from both examining and non-examining State agency medical consultants because these consultants are qualified experts in the field of social security disability

Doolittle v. Hartford Financial Services Group, Inc.

District Court, N.D. New York · Sep 5, 2025

“[W]hile a pro se plaintiff may not be aware of rules and obligations in the first instance, if a pro se plaintiff is clearly warned of those rules and obligations and still fails to follow them, ‘they, like all litigants … Defendant argues that Plaintiff’s claim is preempted because “it is based on the Hartford’s allegedly improper recovery of Plaintiff’s [long-term disability] insurance benefits due to an overpayment under an ERISA-qualified