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Summary: 20 F. Supp. 2d 404 (1998) Christopher JEFFES, John E. Keenan, Jr. and Jerry Carlos, Plaintiffs, v. William BARNES, Individually and as Sheriff of the County of Schenectady; Harry Buffardi, Individually and as Undersheriff of the County of Schenectady; Robert Elwell, Sr., Individually and as an Employee of the County of Schenectady; "John Does" being unnamed Employees of the County of Schenectady; and the County of Schenectady, Defendants. Plaintiffs Christopher Jeffes ("Jeffes"), John E. Keenan ......read more.


Summary: 103 F. Supp. Accordingly, it is hereby ORDERED that the Report-Recommendation is APPROVED and ADOPTED in its ENTIRETY; and IT IS FURTHER ORDERED that Defendant's motion to remand this action is GRANTED; and IT IS FURTHER ORDERED that the decision denying Plaintiff disability benefits is REMANDED to the Social Security Administration pursuant to Sentence Six of 42 U.S.C. § 405(g) for further proceedings consistent with this Decision and with Judge Sharpe's Report-Recommendation; and IT IS FURTHER......read more.


Summary: 604 F. Supp. Counts Three and Four charge defendant with unlawfully entering the United States as an alien on two separate occasions in violation of 8 U.S.C. § 1325(a). Count Five charges defendant with being unlawfully present in the United States while an order for his removal was outstanding in violation of 8 U.S.C. § 1326(a). Finally, Count Six charges defendant with being an illegal alien in the United States in possession of fifty-eight firearms in violation of 18 U.S.C. § 922(g)(5)(A). Th......read more.


Summary: 675 F. Supp. 768 (1987) Paul and Anna BROAD, Plaintiffs, v. William F. CONWAY, Robert H. Iseman, and DeGraff, Foy, Conway, Holt-Harris & Mealey, Defendants. Plaintiffs, Paul and Anna Broad, commenced this action against the law firm of DeGraff, Foy, Conway, Holt-Harris & Mealey ("the DeGraff firm") and two partners in that firm, William Conway and Robert Iseman, basically alleging legal malpractice by those defendants. He then asked Mr. Iseman, another partner with the DeGraff firm, to determine......read more.


Summary: 134 F. Supp. Johnson v. Watkins, 101 F.3d 792, 794 (2d Cir.1996) (citing Giakoumelos v. Coughlin, 88 F.3d 56, 59 (2d Cir.1996)); see also Allen v. McCurry, 449 U.S. 90, 103-04, 101 S. Ct. 411, 66 L. Ed. ; Posr v. Doherty, 944 F.2d 91, 100 (2d Cir.1991); Raysor v. Port Authority of N.Y. and N.J., 768 F.2d 34, 39 (2d Cir.1985). See Cook, 41 F.3d at 79; Posr, 944 F.2d at 100; Martin v. City of Albany, 42 *268 N.Y.2d 13, 396 N.Y.S.2d 612, 364 N.E.2d 1304, 1306-07 (1977). Green v. Montgomery, 219 F.3......read more.


Summary: 263 F. Supp. Susan F. Bartkowski, James T. Towne, Jr., Towne Law Firm, Albany, NY, for Defendants. Mattivi v. South African Marine Corp., "Huguenot", 618 F.2d 163, 167-68 (2d Cir. 1980) (cited in Dewing v. Orkin Exterminating Co., Inc., 897 F. Supp. 44, 46 (N.D.N.Y.1995);[3]see also Samuels v. Air Transport Local 50k, 992 F.2d 12, 14 (2d Cir.1993); Mollis v. Bankers Trust Co., 717 F.2d 683, 688-89 (2d Cir.1983). Tolbert v. Queens Coll., 242 F.3d 58, 70 (2d Cir.2001) (cited in Shannon v. Fireman'......read more.


Summary: 360 F. Supp. Butts v. Barnhart, 388 F.3d 377, 384 (2d Cir.2004) (citation omitted). See Curry v. Apfel, 209 F.3d 117, 122 (2d Cir.2000). See Pollard v. Halter, 377 F.3d 183, 188-89 (2d Cir.2004) (citation omitted); Johnson v. Bowen, 817 F.2d 983, 986 (2d Cir.1987). "See 42 U.S.C. § 405(g); see also Rivera v. Sullivan, 923 F.2d 964, 967 (2d Cir.1991). "Schaal v. Apfel, 134 F.3d 496, 501 (2d Cir.1998) (quoting Richardson v. Perales, 402 U.S. 389, 401, 91 S. Ct. 1420, 28 L. Ed. See White v. Sec'y o......read more.


Summary: 92 F. Supp. 2d 70 (2000) Joann TOMPKINS, individually; and Stephen G. Tompkins, as Executor for the Estate of Richard F. Tompkins, Plaintiffs, v. R.J. REYNOLDS TOBACCO COMPANY, Defendant. Introduction Richard F. Tompkins died in 1996 at the age of 68. Presently before the Court is (1) RJR's appeal from a decision by Magistrate Judge Gustave J. DiBianco denying RJR's request for a protective order pertaining to particular evidence, (2) Plaintiffs' motion to amend their complaint, (3) Plaintiffs' ......read more.


Summary: 187 F. Supp. [1] Plaintiff alleges that the defendants, Redco Foods, Inc. ("Redco") and Bakery, Confectionary and Tobacco Worker's Union ("Union"), violated the ADA and the collective bargaining agreement ("CBA") by refusing to grant his request for the accommodation of being switched to a "day shift" at his job. Co., 949 F.2d 576, 580 (2d Cir.1991). 2d 265 (1986); Thompson v. Gjivoje, 896 F.2d 716, 720 (2d Cir.1990). 2d 538 (1986); Project Release v. Prevost, 722 F.2d 960, 968 (2d Cir.1983). Ga......read more.


Summary: 85 B.R. 677 (1988) In re Robinson R. CANCEL, Debtor. Robinson R. CANCEL, Appellant, v. In his complaint, Cancel sought a "declaratory judgment," declaring the rights of the debtor as follows: a. Whether the criminal restitution obligation constitutes a dischargeable "claim" in a Chapter 13 case. c. Whether law enforcement agencies and the District Attorney of the County of Schenectady should be enjoined from enforcing criminal sanctions against the debtor in a Chapter 13 case for non-payment of ......read more.


Summary: 725 F. Supp. 130 (1989) Susan CLARK and Robert Clark, Jr., Plaintiffs, v. ELI LILLY & COMPANY, The Abbott Laboratories, E.R. Squibb & Sons, Inc., The Upjohn Company, Burroughs Well-come, Co., Merrell-Dow Pharmaceuticals, Inc., Premo Pharmaceuticals Laboratories, Inc. d/b/a Bio Research Services, Inc., Flint Laboratories, a subsidiary of Baxter-Travenol Laboratories, Inc., Boyle & Co., McNeilab, Inc., and Rexall Corporation, Defendants. Walsh v. Armstrong World Industries, Inc., 700 F. Supp.


Summary: 410 F. Supp. I. Background Plaintiff Quentin La Grande objects to the order of Magistrate Judge Randolph F. Treece compelling discovery and imposing a $325 sanction for deposition abuse.


Summary: 743 F. Supp. 977 (1990) HARRISON AND BURROWES BRIDGE CONSTRUCTORS, INC., and Laquidara, Inc., Plaintiff, v. Mario M. CUOMO, as Governor of the State of New York, and Franklin E. White, as Commissioner of the New York Department of Transportation, et al., Defendants. I. Introduction This is an action pursuant to 42 U.S.C. § 1983 in which the plaintiffs are challenging the constitutionality of two affirmative action programs administered by the State of New York with respect to certain highway con......read more.


Summary: 488 F. Supp. I. Background Plaintiff Frederick Joseph Jennis ("Plaintiff' or "Jennis") brings this action against Defendants Duane Rood, et al., ("Defendants") alleging violations of 42 U.S.C. § 1983 and the First, Fourth, Fifth, Sixth and Fourteenth Amendments to the United States Constitution, as well as violations under the common law of the State of New York, and seeking money damages and return of property. Plaintiff claims that both a Grand Jury investigation and a Syracuse Police Departme......read more.


Summary: 963 F. Supp. 181 (1997) Juanita DeCARLO and Vita DeCarlo, Plaintiffs, v. Cesar PERALES, Commissioner, New York State Department of Social Services; Richard DuRose, Commissioner of Social Services of Oneida County; and Jacqueline Turner, Individually, and in her official capacity as Supervisor of Day Care Unit; Defendants. I. INTRODUCTION The plaintiffs have moved for an order pursuant to Rule 54(d) of the Federal Rules of Civil Procedure and the Equal Access to Justice Act, 42 U.S.C. § 1988, for......read more.


Summary: 499 F. Supp. Co., 434 F.3d 165, 170 (2d Cir.2006) (citation omitted). See Allen v. Coughlin, 64 F.3d 77, 79 (2d Cir.1995). v. Kern, 425 F.3d 143, 147 (2d Cir.2005). "Kerzer v. Kingly Mfg., 156 F.3d 396, 400 (2d Cir.1998). See Heidorf v. Town of Northumberland, 985 F. Supp. of Irvington, 69 F. Supp. 2d 126 (1985) (holding that a takings claim was not ripe because the developer did not seek a variance); see also Norton v. Town of Islip, 239 F. Supp.


Summary: 687 F. Supp. 735 (1988) David HILLER, a Handicapped child by his Parents and Natural Guardians Robert HILLER and Nancy Hiller, Plaintiffs, v. BOARD OF EDUCATION OF the BRUNSWICK CENTRAL SCHOOL DISTRICT, Thomas Sobol as Commissioner of the New York State Department of Education and The New York State Department of Education, Defendants. Dept., David F. Stever, Albany, N.Y., for defendants Sobol and NYS Dept. of Educ. Background[1] Robert and Nancy Hiller commenced this action on behalf of their s......read more.




Summary: 901 F. Supp. 101 (1995) Keith MAGUIRE, Plaintiff, v. Thomas A. COUGHLIN, Commissioner; Brian F. Malone, Inspector General; John Hall, Deputy Superintendent of Security at Attica State Correctional Facility; Edward Dann, Deputy Superintendent of Security at Auburn Correctional Facility, Defendants. Defendants filed a motion for summary judgment on the following grounds: 1) plaintiff had no state-created right to be free from limited periods of cell confinement during an investigation of a prison ......read more.


Summary: 140 F. Supp. 2d 174 (2001) State of NEW YORK and John P. Cahill, as Trustee of the Natural Resources, Plaintiffs, v. LONGBOAT, INC. and James Barry, Defendants. Plaintiffs allege that Defendant Longboat, Inc. ("Longboat") and Defendant James Barry ("Barry") are responsible, as the current owners and/or operators of the Napanoch Paper Mill Site ("Site"), for all recovery costs incurred by Plaintiff New York State and for all future response costs and natural resource damages in connection with th......read more.