Case law

Bosley v. Shalala

879 F. Supp. 296 · District Court, W.D. New York · Mar 9, 1995

On a report to the Workers’ Compensation Board, he noted that she had numbness of her legs and cold feet. A.R. 195. She was experiencing pain, mainly in her lower back, left hip area, and left leg. … Stubenbord’s reports. 20 C.F.R. § 404.1527 (d)(2); Schisler v. Sullivan, 3 F.3d at 567-69 ; Coria v. Heckler, 750 F.2d at 248 ; Wachter v. Shalala, 856 F.Supp. at 144 .

Hechavarria v. Whitaker

358 F. Supp. 3d 227 · District Court, W.D. New York · Jan 16, 2019

McCarthy v. … Dec. 1031 , 1035 (BIA 1999) ("neither the Immigration Judge nor this Board may rule on the constitutionality of the statutes that we administer"); see Bagues-Valles v.

Riveria v. MAB Collections, Inc.

682 F. Supp. 174 · District Court, W.D. New York · Mar 21, 1988

Whatley v. … Donahue v. Windsor Locks Board of Fire Commissioners, 834 F.2d 54, 55 (2d Cir.1987). The court will not try issues of fact, but it will determine if there are issues to be tried. Id. at 58 .

Covey v. Colvin

96 F. Supp. 3d 14 · District Court, W.D. New York · Apr 6, 2015

Brown v. Comm’r of Soc. Sec., 709 F.Supp.2d 248, 255 (S.D.N.Y.2010) (citations omitted). “The ALJ’s duty to develop the record remains the same regardless of whether the claimant is represented by counsel.” Cruz v. … Any measures other than treatment the individual uses or has used to relieve pain or other symptoms (e.g. lying flat on his or her back, standing for 15 to 20 minutes every hour, or sleeping on a board); and 7.

Turley v. ISG Lackawanna, Inc.

960 F. Supp. 2d 425 · District Court, W.D. New York · Jan 14, 2013

Under Title VII and § 1981, the relevant point of inquiry is the “single or joint employer test,” developed by the National Labor Relations Board and adopted by the Second Circuit in Cook v. … Sofferin, too, is an experienced litigator and was lead counsel on the case for several years before she withdrew from Brown & Kelly, LLP.

Cavico v. Steuben County Jail

District Court, W.D. New York · Oct 31, 2019

Cooper v. A. Sargenti Co., Inc., 877 F.2d 170, 172 (2d Cir. 1989). Therefore, the Court must first look to the “likelihood of merit” of the underlying dispute, Hendricks v. Coughlin, 114 F.3d at 392; Cooper v. A. … Carmona v.

Thurber v. Finn Academy: An Elmira Charter School

District Court, W.D. New York · Feb 2, 2022

The Board and the School are hereinafter referred to collectively as “Defendants.” … Shrader v.

In Re Hardinge, Inc. Securities Litigation

696 F. Supp. 2d 309 · District Court, W.D. New York · Feb 2, 2010

Defendant Ervin was the Chairman of the Board of Directors, President, and CEO of Hardinge during the Class Period. See id. ¶ 24 . … Gallagher v.

Staples v. Avis Rent-A-Car System, Inc.

537 F. Supp. 1215 · District Court, W.D. New York · May 4, 1982

Pauk v. Board of Trustees, 654 F.2d 856 (2d Cir. 1981). While Pauk specifically concerns section 1983, its holding and rationale are controlling as to actions under 42 U.S.C. § 1981 . … In Kirkland v.

Read v. Corning Inc.

371 F. Supp. 3d 87 · District Court, W.D. New York · Apr 10, 2019

See Adbul-Mumit v. … Malpractice v.

Roe v. People of State of New York

363 F. Supp. 788 · District Court, W.D. New York · Sep 10, 1973

Neil v. … v.

Creighton v. Berryhill

District Court, W.D. New York · Sep 28, 2022

Brown v. Apfel, 174 F.3d 59, 62 (2d Cir. 1999) (quoting Mongeur v. Heckler, 722 F.2d 1033, 1038 (2d Cir. 1983) (per curiam)). … Levine was a board-certified orthopedic surgeon, and appropriately afforded “great weight” to Dr. Levine’s opinion. Tr. at 462-64, 503; 20 C.F.R.

Cavico v. Steuben County Jail

District Court, W.D. New York · Mar 29, 2021

MURIEL BROWN, Nurse Practitioner, et al., Defendants. _______________________________________ … Carmona v.

Cioppa v. United States Postal Service

603 F. Supp. 590 · District Court, W.D. New York · Oct 4, 1984

On February 23, 1984, plaintiff appealed his termination to the Merit Systems Protection Board. Since plaintiff was a probationary employee, his appeal was dismissed for lack of appellate jurisdiction. … Smith v.

Gilmore v. Goord

415 F. Supp. 2d 220 · District Court, W.D. New York · Feb 15, 2006

Effect on Parole Plaintiff also alleges that Gilbert’s findings either have had, or will have, a negative impact effect on the Parole Board’s decision whether plaintiff should be released on parole. … See Sprau v.

Brundidge v. City of Buffalo

79 F. Supp. 2d 219 · District Court, W.D. New York · Nov 19, 1999

Coolidge v. New Hampshire, 403 U.S. 443, 445 , 91 S.Ct. 2022 , 29 L.Ed.2d 564 (1971); see also United States v. Brown, 52 F.3d 415, 421 (2d Cir.1995). … Mangla v. Univ. of Rochester, 168 F.R.D. 137 (W.D.N.Y.1996); see also Baker v.

Errington v. Warden Bedford Hills C.F.

District Court, W.D. New York · Aug 28, 2019

Gonzalez v. Thaler, 565 U.S. 134, 143 n.5 (2012). Section 2253(c) permits the issuance of a COA “only where a petitioner has made a substantial showing of the denial of a constitutional right.” Miller-El v. … See Jenkins v. Brown, 412 F.

Caskey v. County of Ontario

800 F. Supp. 2d 468 · District Court, W.D. New York · Aug 2, 2011

At the same time the Finance Clerk I position was abolished, the County Board of Supervisors created a new position, “Microfilm Machine Operator.” … See Foster v.

Fiske v. Church of St. Mary of the Angels

802 F. Supp. 872 · District Court, W.D. New York · Apr 23, 1992

In Elston v. … Fiske II argues that the Court of Appeals’ interpretation of the General Obligations Law in Brown v.

The H. A. Rock

23 F.2d 198 · District Court, W.D. New York · Nov 2, 1927

On January 20 to 22,1926, a cargo of 244,675 bushels of No. 2 white oats was loaded on board tbe steamer H. A. Rock at Chicago. … Ed. 65 ; Warner Sugar Refining Co. v. Munson Steamship Line (Southern Dist. of N. Y., July 22, 1927) 23 F.(2d) 194 , 1927 A. M. C. 1437; W. T. Lockett Co. v. Cunard S. S. Co. (D. C.) 21 F.(2d) 191 .