UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT _ August Term, 2011 (Argued: March 8, 2012 Decided: August 3, 2012) _ PETER GRAZIANO, JAMES BUCKLEY, MARK MALONE, ROBERT A. HARRIS, WILLIAM WALKER, AARON TALLEY, MAURICE MURRELL, STEVEN HO, and BRIAN JACQUES, suing on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, —v.— GEORGE E. PATAKI, Governor of the State of New York, ROBERT DENNISON, Chairman of the New York State Division of Parole, and THE NEW YORK STATE...
No. 11-4222-cv AIG v. Guterman UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”...
No. 11-3439-cv Pope v. County of Albany UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term, 2011 (Argued: December 16, 2011 Decided: May 29, 2012) Docket No. 11-3439-cv ANNE POPE, JANIS GONZALEZ, WANDA WILLINGHAM, Plaintiffs-Appellants, v. COUNTY OF ALBANY, ALBANY COUNTY BOARD OF ELECTIONS, Defendants-Appellees. Before: MCLAUGHLIN, CALABRESI, and RAGGI, Circuit Judges. Appeal from an order of the United States District Court for the Northern District of New York (Kahn, J.),...
No. 11-2964-cv Farraj v. MTA, et al. 1 UNITED STATES COURT OF APPEALS 2 FOR THE SECOND CIRCUIT 3 4 SUMMARY ORDER 5 6 RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. 7 CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, 8 IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE 9 PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A 10 SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY 11 MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC 12 DATABASE (...
No. 10-4424-pr McClary v. Conway 1 UNITED STATES COURT OF APPEALS 2 FOR THE SECOND CIRCUIT 3 4 SUMMARY ORDER 5 6 RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. 7 CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, 8 IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE 9 PROCEDURE 32.1 AND THIS COURT=S LOCAL RULE 32.1. WHEN CITING A 10 SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY 11 MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC 12 DATABASE (WITH...
No. 10-3741-cv Lopes v. Department of Social Services 1 2 UNITED STATES COURT OF APPEALS 3 FOR THE SECOND CIRCUIT 4 5 6 August Term, 2011 7 8 Argued: September 22, 2011 Final Submission: December 30, 2011 9 10 Decided: October 2, 2012 11 12 13 14 Docket No. 10-3741-cv 15 16 17 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X 18 19 JOHN F. LOPES, ATTORNEY-IN-FACT, AMELIA F. LOPES, 20 21 Plaintiff-Appellee, 22 23 v. 24 25 DEPARTMENT OF SOCIAL SERVICES, 26 MICHAEL P....
KATZMANN, Circuit Judge: In this case, we address two issues of first impression in this Circuit relating to the eligibility standards for Supplemental Security Income ("SSI") disability benefits on the basis of an intellectual disability under the regulatory framework promulgated by the Social Security Administration ("SSA"). We first hold that evidence of a qualifying deficit in adult cognitive functioning serves as prima facie evidence that those deficits existed prior to a petitioner's...
SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Plaintiff-appellant GEA Group AG ("GEA") appeals from a May 29, 2012 judgment dismissing its breach of contract claim against Panda Ethanol, Inc. ("PEI"). GEA's complaint alleged that PEI failed to make capital contributions to its wholly owned subsidiary, Panda Hereford Ethanol, L.P. ("PHE"), as required by a Sponsor Support Agreement ("SSA") among PEI,...
SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Defendant-appellant Ernestina Marimon was convicted, following a plea of guilty, of four counts of theft of government benefits, in violation of 18 U.S.C. 641, and one count of making a false statement, in violation of 18 U.S.C. 1001. During her plea allocution, Marimon admitted that she had simultaneously rented four federally subsidized apartments in...
SUMMARY ORDER UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, and DECREED that the order of the District Court is AFFIRMED. Defendant-Appellant Shonta McPherson ("McPherson") appeals the November 30, 2011 order of the District Court for the District of Connecticut (Hall, J. ) denying his motion for a reduction in sentence under 18 U.S.C. 3582(c). We assume the parties' familiarity with the underlying facts and procedural history of the case. 18 U.S.C. 3582(c) permits a...
SUMMARY ORDER UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, and DECREED that the order of the district court is AFFIRMED. Creditor-Appellant Cellmark Paper Inc. ("Cellmark"), appeals from a February 28, 2012 order of the United States District Court for the Southern District of New York (Koeltl, J. ) affirming the March 28, 2011 order of the United States Bankruptcy Court for the Southern District of New York (Gerber, Bankr. J. ), which avoided and recovered three transfers...
SUMMARY ORDER ON CONSIDERATION WHEREOF, it is hereby ORDERED, ADJUDGED, and DECREED that the judgment of the district court is AFFIRMED. Defendant-Appellant Rameek Lindsay appeals from a December 5, 2011 judgment of the United States District Court for the Eastern District of New York (Glasser, J. ). The district court revoked his term of supervised release after Lindsay admitted to violating the terms of his supervised release by unlawfully using marijuana and sentenced him,...
SUMMARY ORDER ON CONSIDERATION WHEREOF, it is hereby ORDERED, ADJUDGED, and DECREED that the judgment of the district court be and hereby is AFFIRMED. Defendant-Appellant Domingo Guzman appeals from a judgment of conviction and sentence entered on December 1, 2011 by the United States District Court for the District of Connecticut (Dorsey, J. ). On November 15, 2007, Guzman pled guilty to conspiracy to distribute and to possess with intent to distribute five or more kilograms of...
SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the September 9, 2011 judgment entered in the United States District Court for the Eastern District of New York (Seybert, J. ) is AFFIRMED. On January 13, 2009, Plaintiff-Appellant D. D-S filed a complaint seeking tuition reimbursement under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. 1400 et. seq., after Defendant-Appellee Southold Union Free School District failed to offer...
SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the amended judgment of the district court is AFFIRMED. Appellant Kevin G. Carter, proceeding pro se, appeals from the district court's amended judgment, which was entered after the district court, on reconsideration, granted Carter's 28 U.S.C. 2255 motion with respect to two improperly applied sentencing enhancements and resentenced him. We assume the parties' familiarity with the underlying facts,...
SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment is VACATED and the case is REMANDED to the district court with instructions to remand the case to the Commissioner of Social Security for further proceedings. Plaintiff-appellant Lenorris Sanders appeals from the district court's judgment entered May 6, 2011, dismissing his complaint. The judgment was based on the district court's May 3, 2011 order granting judgment on the pleadings in...
SUMMARY ORDER UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, and DECREED that the judgment and order of the district court are AFFIRMED. Plaintiff-Appellant Bernice Malcolm, pro se, appeals from the September 16, 2010 judgment of the United States District Court for the Western District of New York (Larimer, J. ) dismissing her employment discrimination action, with prejudice, and from the district court's October 27, 2010 order denying her post-judgment motion brought...
SUMMARY ORDER UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, and DECREED that the judgment of the District Court entered September 24, 2010 is AFFIRMED. Plaintiffs-Appellants Jitendra Patel and Alex Cordero ("Plaintiffs") appeal from a judgment granting Defendants-Appellees' ("Defendants") motion to dismiss the Second Consolidated Class Action Complaint in its entirety for failure to state a claim upon which relief can be granted and for lack of subject matter jurisdiction....
PER CURIAM: This case requires us to determine whether a district court abuses its discretion by ordering attorneys to pay their adversaries' legal fees and costs as a sanction for filing opposition papers four days late where the district court does not find that the attorneys acted in bad faith, and does not provide the attorneys notice of the impending sanctions or an opportunity to be heard. We conclude that it does. 1 BACKGROUND On March 21, 2011, plaintiff Robert E. Wilson III filed...
SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be AFFIRMED. This is an appeal from a decision of the United States District Court for the Southern District of New York (Batts, J.) affirming the Bankruptcy Court's (Lifland, J.) denial of a motion under Federal Rule of Civil Procedure 60(b) in proceedings related to the Bernard Madoff fraud. Marsha Peshkin and a large group of other Madoff customers ("the Customers")...
