Case law

Farnach v. Commissioner of Social Security

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

The Commissioner has established a five-step evaluation process to determine whether an individual is disabled as defined by the Social Security Act. 20 C.F.R. § 404.1520. … In this case, the ALJ was clearly aware of his obligations to evaluate Plaintiff’s subjective complaints, and the Court finds no error requiring remand.

Corbett v. Commissioner of Social Security

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

The ALJ must clearly state the legal rules being applied and the weight being accorded to the evidence considered. Drysdale v. Colvin, No. 14-CV-722, 2015 WL 3776382, at *2 (S.D.N.Y. June 16, 2015) (citing Rivera v. … Beyond ordering further evaluation at Step Two of the sequential analysis, the Appeals Council’s remand order qualifies its directions to the ALJ through the use of terms such as “[i]f necessary,” and “if warranted.”

Henderson v. Kijakazi

District Court, N.D. New York · Jun 27, 2023

The claimant has the burden of proof at steps one through four, which includes establishing her residual functional capacity (“RFC”). Poupore v. … The examiner noted that Plaintiff’s “history and presentation clearly suggest . . . anxiety disorder and possibly adjustment disorder.” R. 1126.

Chestnut Hill NY, Inc., Jae Curtis, Thomas Riker, and John Sturm v. The City of Kingston, NY; The City of Kingston Zoning Board of Appeals; The City of Kingston Planning Board; Steven Noble, individually and in his capacity as Mayor of the City of Kingston; Suzanne Cahill, individually and in her capacity as City Planner for the City of Kingston; Stephan Knox, individually and in his capacity as Code Enforcement Officer and/or Building Inspector for the City of Kingston; Bartek Starodaj, individually and in his capacity as Director of Housing Initiatives for the City of Kingston; Egidio Tinti, individually and in his capacity as Chief of Police of the City of Kingston; and Eric J. Vanallen, individually and in his capacity as Sergeant on the City of Kingston Police Department

District Court, N.D. New York · Mar 18, 2026

discriminatory nature of the conditions that were first embedded in the 2019 permit” and that the prior dismissal following settlement did not “adjudicate the legality of conditions not yet imposed, nor does it confer immunity … Cir. 2025) (rejecting dissent’s argument that Younger should be “inapplicable if the state court proceedings . . . become final at any point during the federal proceeding,” explaining that “[o]ur Court’s case law . . . clearly

Muozoba v. Jaddou

District Court, N.D. New York · Aug 28, 2024

Agency, 603 U.S. –– , 144 S.Ct. 2040, 2053 (2024) (“An agency 10 action qualifies as ‘arbitrary’ or ‘capricious’ if it is not ‘reasonable and reasonably … Lastly, although Plaintiff makes various conclusory arguments that USCIS failed to consider the findings of the Magistrate’s Court or the Ministry, consideration of that evidence is clearly reflected in the copies of USCIS

Crouse-Hinds Co. v. Internorth, Inc.

518 F. Supp. 390 · District Court, N.D. New York · Oct 25, 1980

A moment later he states: If the Crouse-Hinds Board of Directors decided that Belden was a good deal, and they clearly did, then I submit they were legally entitled to take proper steps to try to insure that that deal came … Even if that were not the case, by definition the responsibility for business judgments must rest with the corporate directors; *407 their individual capabilities and experience peculiarly qualify them for the discharge of

Hyde v. Commissioner of Social Security

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

In assessing a claimant’s RFC, an ALJ is entitled to rely on opinions from both examining and non-examining medical consultants because they are qualified experts in the field of social security disability. 20 C.F.R. § … They again recommended that Plaintiff not lift more than ten pounds, not walk more than two blocks, and avoid bending or stooping, but quite clearly referred to these as “generalized limitations.” (T. 480-82.)

Peck v. County of Onondaga, New York

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

But when she got to her desk, she realized that it “had clearly been rifled and gone through as items on her desk were missing and/or disheveled.” Id. … Those five allegations establish DeMari’s personal involvement in alleged discrimination and retaliation.

Barcomb v. Kijakazi

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

The claimant bears the burden of establishing disability at the first four steps; the Commissioner bears the burden at the last. Se/ian, 708 F.3d at 418. B. … However, an ALJ is not a medical professional, and he “is not qualified to assess a claimant’s RFC on the basis of bare medical findings.” Ortiz v. Colvin, 298 F. Supp. 3d 581, 586 (W.D.N.Y. 2018).

Johnson v. The City of Syracuse

District Court, N.D. New York · Nov 7, 2019

To “qualify as a prevailing party, a civil rights plaintiff must obtain at least some relief on the merits of his claim.” Farrar v. Hobby, 506 U.S. 103, 111 (1992). … Plaintiff “has clearly prevailed on a ‘significant claim affording some of the relief sought.’” Mendoza v. City of Rome, 162 F.R.D. 260, 263 (N.D.N.Y. 1995) (quoting Texas State Teachers Ass’n v. Garland Indep. Sch.

Carroll v. U.S. Equities Corp.

District Court, N.D. New York · Sep 24, 2019

In that regard, the Sykes decision contains no discussion as to whether the defendants' fraudulent litigation activities qualified as predicate acts under RICO, in light of the line of cases represented by [Daddona v. … The Kingston City Court action clearly did not terminate in Plaintiff's favor.

Miller v. Saul

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

Substantial evidence is “a very deferential standard of review- even more so than the ‘clearly erroneous’ standard.” Brault, 683 F.3d at 448 (quoting Dickinson v. Zurko, 527 U.S. 150, 153 (1999)). … Little to establish care with the practice and for additional complaints of, inter alia, right shoulder pain. See T. 400.

Egnew v. Kijakazi

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

Some of this clearly is volitional but a large portion I believe is out of his control. … Analysis Plaintiff argues that ALJ Malfa applied the incorrect standard, improperly weighed the evidence, and that the record establishes that Claimant's impairments

Bledsoe v. Commissioner of Social Security

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

As the Second Circuit has explained, that is a “very deferential standard of review – even more so than the ‘clearly erroneous’ standard.” Id. … Plaintiff maintains that this evidence is “clearly significant, but was omitted from discussion.” Id.

Watson v. Commissioner of Social Security

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

“The plaintiff bears the initial burden of proof to establish each of the first four steps.” /d. (citing DeChirico v. Callahan, 134 F.3d 1177, 1180 (2d Cir. 1998) (citing Berry, 675 F.2d at 467)). … Feb. 25, 2014)) (“ALJ is not qualified ‘to assess residual functional capacity on the basis of bare medical findings.””); Kinslow, 2014 WL 788793, at *5 (citing Hazlewood v. Commissioner of Soc.

Doe v. Colgate University

District Court, N.D. New York · Apr 30, 2020

Although the specific facts of the alleged assault are clearly in dispute, Plaintiff and Roe agree that, while in Plaintiff’s dorm room, they kissed, engaged in foreplay, had sexual intercourse twice before falling asleep … However, the United States Constitution does not establish the level of due process that Defendant, as a private university, had to give Plaintiff in his disciplinary proceeding. See Yu, 97 F. Supp. 3d at 462.

Youngs v. Commissioner of Social Security

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

The determination or decision must contain specific reasons for the weight given to the individual's symptoms, be consistent with and supported by the evidence, and be clearly articulated so the … "State agency physicians are qualified as experts in the evaluation of medical issues in disability claims.

Ward v. Saul

District Court, N.D. New York · Feb 21, 2020

. § 416.920(a) to determine whether a claimant qualifies for disability benefits. See R. at 11- 24. … The claimant has not met her burden in establishing that her asthma is a severe medically determinable impairment.

Deer Mountain Inn LLC v. Union Insurance Company

District Court, N.D. New York · May 24, 2021

The court held: [T]he language in the instant policy clearly and unambiguously provides coverage only where the insured’s property suffers direct physical damage. … “These exclusions only apply if entitlement to coverage under one of the Policy’s provisions is first established,” and therefore, “[b]ecause the Court concludes that [Plaintiff] fails to establish entitlement to coverage

Loomis v. ACE American Insurance Company

District Court, N.D. New York · Feb 5, 2021

No. 20-20, ¶ 1), qualifies her to opine on the subjects that her affidavit covers. … Defendant also argues that the Fellows declaration, and the evidence attached thereto (including the unsigned New York-specific offer to purchase SUM insurance connected to the MMT Policy), clearly establishes XPO’s broad