ORDER DAVID E. PEEBLES, Magistrate Judge. The confidentiality stipulation (Dkt. No. 41) executed by counsel for the parties in this action, a copy of which is attached to and incorporated herein by reference, pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, is hereby approved, subject to the following qualifications: 1) Paragraph 9 of the stipulation is not approved. 2) Any party seeking leave to file with the court confidential information obtained during pretrial discovery...
MEMORANDUM-DECISION AND ORDER 1 LAWRENCE E. KAHN, District Judge. I. INTRODUCTION Plaintiff DVL, Inc. ("DVL") brought this action against Defendants Niagra Mohawk Power Corporation ("NMPC"), National Grid USA Service Company, National Grid USA, and National Grid (collectively with NMPC, "Niagra Mohawk Defendants") and General Electric Company ("GE") under the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA"), 42 U.S.C. 9601 et seq., and the New York State...
MEMORANDUM-DECISION AND ORDER DAVID N. HURD, District Judge. I. INTRODUCTION Plaintiff Derek DeMeo ("plaintiff" or "DeMeo") brings this action against the defendants for violations of his federal and New York state constitutional rights and for state tort claims arising from an altercation outside The Bayou Caf located in Albany, New York, on December 10, 2006. The four defendants include New York State Police officers Joshua Kean ("Kean") and M.K. Reyner ("Reyner"), Phlip `N Spill,...
MEMORANDUM—DECISION and ORDER DAVID N. HURD, District Judge. I. INTRODUCTION Plaintiff Park Outdoor Advertising of New York, Inc. ("plaintiff" or "Park") filed this action pursuant to 42 U.S.C. 1983, alleging that defendant The Town of Onondaga, New York ("defendant" or "the Town") violated its right to freedom of speech under the First and Fourteenth Amendments to the United States Constitution. The defendant denies the material allegations of the Complaint. Both plaintiff and...
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, District Judge. I. Introduction Plaintiff Judith Raite challenges the Commissioner of Social Security's denial of disability insurance benefits (DIB), seeking judicial review under 42 U.S.C. 405(g) and 1383(c)(3). ( See Compl., Dkt. No. 1.) After reviewing the administrative record and carefully considering the arguments, the court affirms the Commissioner's decision and dismisses Raite's complaint. II. Background On April 29, 2005,...
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, District Judge. I. Introduction Plaintiff Michael Olmstead challenges the Commissioner of Social Security's denial of supplemental security income (SSI), seeking judicial review under 42 U.S.C. 405(g) and 1383(c)(3). ( See Compl., Dkt. No. 1.) After reviewing the administrative record and carefully considering the arguments, the court affirms the Commissioner's decision and dismisses Olmstead's complaint. II. Background On February...
ORDER FREDERICK J. SCULLIN, Senior Judge. Currently before the Court is Magistrate Judge Baxter's September 21, 2010 Order and Report-Recommendation, in which he denied Plaintiff's letter-motion to "substitute" David Rock as a defendant, recommended that this Court deny Plaintiff's letter-motion to amend his amended complaint to add Lieutenant Sawyer and a "John Doe" Deputy Superintendent, and recommended that this Court sua sponte dimiss Plaintiff's amended complaint in its entirety with...
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, District Judge. I. Introduction Plaintiff Candy Pellegrini commenced this action against defendants Sovereign Hotels, Inc., Mary Koroso, John Laurin, and Matthew Hamzaoui under Title VII of the Civil Rights Act of 1964 1 and New York State Human Rights Law (NYSHRL), 2 alleging employment-related gender discrimination and unlawful retaliation. ( See Compl., Dkt. No. 1.) Pending is defendants' motion for summary judgment. (Dkt. No. 26.) For...
DECISION and ORDER THOMAS J. McAVOY, Senior District Judge. Plaintiffs commenced the instant action against Defendants claiming that they conspired amongst themselves to keep down the wages of registered nurses in the Albany area. Presently before the Court are: (1) Defendants' Joint Motion to Exclude Expert Testimony of Orley Ashenfelter [Docket No. 355/358]; (2) Defendants' Joint Motion to Exclude Expert Testimony of Gregory Vistnes [Docket No. 344/356]; (3) Defendants' Joint Motion for...
DECISION and ORDER THOMAS J. McAVOY, Senior District Judge. Petitioner Ronald Hill was sentenced to a total of twenty-four months imprisonment, eighteen months of which was to be served concurrent to a state sentence and six month of which was to be served consecutive to the state sentence. Petitioner's state sentence terminated on February 4, 2010. Petitioner moves pursuant to 28 U.S.C. 2241 claiming that he is being unlawfully held in prison beyond his release date because the Bureau of...
DECISION AND ORDER LAWRENCE E. KAHN, District Judge. This matter comes before the Court following a Report-Recommendation filed on May 17, 2010, by the Honorable David R. Homer, United States Magistrate Judge, pursuant to 28 U.S.C. 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 15). Within fourteen days after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to...
DECISION and ORDER THOMAS J. McAVOY, Senior District Judge. On October 29, 2009, the Estate of Timothy A. Loveria by Gregorio O. Loveria, Administrator (Plaintiff), commenced a wrongful death action pursuant to N.Y. EPTL 5-4.1 through 5-4.5 and a survival action pursuant to N.Y. EPTL 11-3.3 alleging that "Portadam, Robert Gatta, and Timothy Brearman, individually and collectively, intentionally failed to take safety precautions required by OSHA and industry standards to protect Loveria...
DECISION AND ORDER LAWRENCE E. KAHN, District Judge. This matter comes before the Court following a Report-Recommendation filed on April 26, 2010, by the Honorable Victor E. Bianchini, United States Magistrate Judge, pursuant to 28 U.S.C. 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 19). Within fourteen days after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written...
MEMORANDUM-DECISION AND ORDER LAWRENCE E. KAHN, District Judge. I. INTRODUCTION Presently before the Court is Defendants' Motion to dismiss (Dkt. No. 5) Plaintiffs' Complaint (Dkt. No. 1) in its entirety. Plaintiffs Richard Abramo, Robert Brown and John Tomassetti assert claims of professional malpractice (Claim One), fraudulent misrepresentation (Claim Two), aiding and abetting fraud (Claim Three), aiding and abetting a breach of fiduciary duty (Claim Four), and conspiracy in violation of...
MEMORANDUM-DECISION AND ORDER DAVID R. HOMER, United States Magistrate Judge. Presently pending are the motions 1 of (1) plaintiff Securities and Exchange Commission ("SEC") for a preliminary injunction freezing the assets of the defendants and of relief defendant 2 Lynn A. Smith ("Lynn Smith") and granting related relief pending a final disposition of the complaint herein (Dkt. No. 4, 5), and (2) intervenor David M. Wojeski, Trustee of David L. and Lynn A. Smith Irrevocable Trust U/A 9/...
MEMORANDUM-DECISION and ORDER DAVID N. HURD, District Judge. I. INTRODUCTION Defendant John Rumble ("defendant") is charged with one count of being an unlawful user of a controlled substance while knowingly possessing a firearm in and affecting interstate commerce in violation of 18 U.S.C. 922(g)(3) and 924(a)(2). Defendant now moves to suppress statements he made during the execution of a warrant to search his home and to seize hair and urine samples from his person. Defendant also...
