Case law

Bradshaw v. Annucci

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

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. … Thompson, 446 F.3d 335, 346 (2d Cir. 2006) (holding that 18 U.S.C. § 3626 "clearly prohibits a federal court from issuing preventive relief based entirely upon state-law claims" and therefore a district court is "not permitted

Cousino v. O'Malley

District Court, N.D. New York · Aug 23, 2024

The plaintiff bears the initial burden of proof to establish each of the first four steps. See DeChirico v. Callahan, 134 F.3d 1177, 1180 (2d Cir. 1998) (citing Berry, 675 F.2d at 467). … Laughter, so the ALJ clearly viewed the records as material.

Reppert v. Martinez Santiago

District Court, N.D. New York · Jun 28, 2022

I was denied this promotional position in favor of a White (Caucasian) individual, who was less qualified and less experienced in the program area.” (Id.). … “It is well established that Title VII requires a plaintiff to exhaust administrative remedies before filing suit in federal court.” Fowlkes v.

Johnson v. Owens

District Court, N.D. New York · Mar 30, 2022

While depriving Plaintiff of food and water for five days may well qualify as extreme and outrageous conduct under New York Law, Defendants are correct that Plaintiff has failed to allege Defendants acted with intent to … Plaintiff has clearly articulated the nature of his belief: “Plaintiff was and is currently a devote [sic] Rastafarian which follow the Christian dietary laws.

Mancucci v. Kinnear

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

But Defendants have failed to establish the date of Plaintiff's release. … Supp. 3d at 474 (analyzing facts of guilty plea to determine whether third-degree burglary qualified as a crime of stealth).

Bowman v. Rocking Horse Ranch Corp.

District Court, N.D. New York · Aug 26, 2021

I verify that I am physically fit, not under the influence of alcohol or any drugs at this time and sufficiently qualified, trained and capable to participate in the activity. … Clearly, there is a question of material fact as to whether Ms.

Shumway

District Court, N.D. New York · Mar 19, 2026

The claimant has the burden of establishing disability at the first four steps. See Berry, 675 F.2d at 467. … Yet this standard is a very deferential standard of review “— even more so than the ‘clearly erroneous standard.” Brault, 683 F.3d at 448.

Rivers v. Kijakazi

District Court, N.D. New York · Aug 2, 2021

He also explained that an attorney may be able to represent Plaintiff on a contingent fee basis, or Plaintiff may qualify for no-cost legal services. (Id.) … 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.

International Society for Krishna Consciousness, Inc. v. Barber

506 F. Supp. 147 · District Court, N.D. New York · Aug 25, 1980

What plaintiffs fail to point out is that the Murdock Court qualified its statement on 319 U.S. p. 116, 63 S.Ct. 876 . … information. c. presenting gift-greeting items such as sactified flowers and candy—or incense sticks and other small items. d. requesting and accepting contributions from said third parties for their *172 religious literature, establishments

Colon v. Davis

District Court, N.D. New York · Aug 30, 2023

See Hirsch judgment of foreclosure is clearly barred by the Rooker– v. Desmond, No. 08–CV–2660, 2010 WL 3937303, at *2 Feldman doctrine.” Ashby v. Polinsky, No. 06–CV–6778, (E.D.N.Y. … Oct. 24, 2000) immune from res judicata.”); Yeiser v. GMAC Mortg.

Tarbell v. Department of the Interior

307 F. Supp. 2d 409 · District Court, N.D. New York · Feb 11, 2004

Despite this clearly articulated expression of the Ransom court’s opinion that further agency level proceedings were required in order to evaluate and analyze the circumstances surrounding the adoption of the Constitution … The court later concluded that the resulting opinion letter did not qualify as a final agency action since it did “not purport to be a definitive statement by the agency of its position on [the] various issues [presented]

Vargas Jr. v. O'Malley

District Court, N.D. New York · Mar 21, 2025

The plaintiff has the burden of proof to establish a disability at the first four steps. Selian, 708 F. 3d at 418. … However, this standard is a very deferential standard of review “even more so than the ‘clearly erroneous standard.’” Brault, 683 F. 3d at 448.

Hamza v. Yandik

District Court, N.D. New York · May 1, 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. … Plaintiff has clearly stated that he was not compensated for any of his labor over a roughly three-year period. See Am. Compl. at 2.

Dailey v. Commissioner of Social Security

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

The claimant has the burden of proof at steps one through four, which includes establishing her residual functional capacity (“RFC”). Poupore v. … In sum, the ALJ’s failure to clearly articulate how persuasive she found LMHC Amodio’s opinion was error.

Baudin v. Resource Marketing Corp., LLC

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

Additionally, Class Counsel in this case has established that they are qualified, experienced, and able to conduct the litigation of this case. … Risk of Establishing Liability and Damages and Maintaining Class Action 15 The fourth, fifth, and sixth Grinnell factors, which address "the risks of establishing

Sullivan v. City of Glens Falls

District Court, N.D. New York · Jul 1, 2022

shall dismiss the case at any time if the court determines that the action is (i) 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 … Plaintiff has only cited his own situation, and has clearly stated that the officers acted contrary to the policy established by the department for conducting photo identifications.

Brandon

District Court, N.D. New York · Jun 29, 2026

Sept. 28, 2017) (“The Permits issued by the NYS DOL, clearly within the scope of its regulatory powers . . . do not constitute a contract.”) (citations omitted); Ross v. … Supp. 3d at 329 (noting that a plaintiff must proffer “specific facts” to establish standing at summary judgment).

Ablan-Woodrow v. Commissioner of Social Security

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

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.

Cosby v. Commissioner of Social Security

District Court, N.D. New York · Apr 20, 2021

As a 15 backdrop also, I note that under Poupore from the Second 16 Circuit, it is plaintiff's burden to establish her 17 limitations up through step four, including at the RFC … There is not any indication that 5 she has treated the plaintiff and, therefore, does not 6 qualify as a treating source.

Lighthall v. Commissioner of Social Security

District Court, N.D. New York · Nov 21, 2024

However, this standard is a very deferential standard of review “even more so than the ‘clearly erroneous standard.’” Brault, 683 F.3d at 448. … Based on the longitudinal record, plaintiff has failed to establish that the opinions of Drs.