STIPULATION OF DISMISSAL WITH PREJUDICE GARY L. SHARPE , District Judge . It is hereby STIPULATED AND AGREED, by and between Plaintiff, Rasheen McGrier, and Defendant, St. Peter's Health Partners Medical Associates, P.C., through its undersigned counsel, who state that they have been authorized to enter into this Stipulation, and who further state that none of the parties hereto is an infant or incompetent, that the above-captioned action is hereby dismissed in its entirety, with...
DECISION & ORDER THOMAS J. MCAVOY , Senior District Judge . I. INTRODUCTION This pro se action brought pursuant to 42 U.S.C. 1983 was referred to the Hon. Andrew T. Baxter, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. 636(b) and Local Rule 72.3(c). In his Report-Recom mendation dated November 29, 2017 (Dkt. No. 92), Magistrate Judge Baxter recommends: (1) that defendant D'Agostino's motion for summary judgment (Dkt. No. 64) be granted, and the...
REPORT-RECOMMENDATION ANDREW T. BAXTER , Magistrate Judge . This matter has been referred to me for Report-Recommendation by the Honorable Thomas J. McAvoy, Senior United States District Judge, pursuant to 28 U.S.C. 636(b) and Local Rules N.D.N.Y. 72.3(c). In the relevant portion of plaintiff's civil rights complaint, he alleges that defendant D'Agostino refused to provide plaintiff with a suitable mattress to sleep on, while he was incarcerated in the Schenectady County Jail ("SCJ")...
DECISION & ORDER THOMAS J. McAVOY, SR. , District Judge . This pro se civil action, brought pursuant to 42 U.S.C. 1983, alleges Defendants violated Plaintiff's constitutional rights while he was incarcerated. The matter was referred to the Hon. Christian F. Hummel, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. 636(b) and Local Rule 72.3(c). The Report-Recommendation, dated November 6, 2017, recommends that the Court grant Defendants' unopposed...
STIPULATION AND ORDER OF DISCONTINUANCE PURSUANT TO RULE 41(A) DAVID N. HURD , District Judge . IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, plaintiff Barret Chandler, appearing pro se, and Eric T. Schneiderman, Attorney General of the State of New York, Bruce J. Boivin, Assistant Attorney General, of counsel, appearing for defendants, the parties to the above entitled-action, that, whereas no party hereto is an infant or incompetent person for whom a committee has...
DECISION AND ORDER MAE A. D'AGOSTINO , District Judge . Mae A. D'Agostino, U.S. District Judge: Currently pending before the Court is Donald John Insel's ("Claimant") counsel's motion for an award of attorney's fees pursuant to 42 U.S.C. 406(b). See Dkt. No. 27. The Commissioner has not opposed this motion. See Dkt. No. 31 at 2. For the following reasons, the motion is granted. Pursuant to 42 U.S.C. 406(b), a court may award reasonable attorney's fees to a successful claimant's...
DECISION and ORDER DAVID N. HURD , District Judge . Plaintiff Elinor Goldberg brought suit against defendant Westchester-Ellenville Hospital, Inc. doing business as Ellenville Regional Hospital. In her three count amended complaint, plaintiff alleges defendant discriminated against her on the basis of her disability, in violation of: (1) Title III of the Americans with Disabilities Act; (2) Section 504 of the Rehabilitation Act; and (3) the New York State Human Rights Law. Both parties...
DECISION & ORDER THOMAS J. McAVOY , Senior District Judge . I. INTRODUCTION Plaintiff Christina Altieri ("Plaintiff" or "Altieri") alleges in the Amended Complaint, dkt. # 14, that Defendant Overton, Russell, Doerr, and Donovan, LLP ("Defendant" or "Overton") violated the Fair Debt Collections Practices Act, 15 U.S.C. 1692, et seq. ("FDCPA"), when it sent her a debt collection letter. See Compl., dkt. # 1. On November 15, 2017, the Court dismissed all of the Causes of Action in the...
DECISION and ORDER GLENN T. SUDDABY , Chief District Judge . Currently before the Court, in this federal student loan default action filed by the United States ("Plaintiff") against Erin Gagnon ("Defendant"), is Plaintiff's motion for default judgment pursuant to Fed. R. Civ. P. 55(b). (Dkt. No. 8.) For the reasons stated below, Plaintiff's motion is granted with regard to liability but denied without prejudice with regard to damages. I. RELEVANT BACKGROUND A. Plaintiff's Complaint...
DECISION & ORDER THOMAS J. MCAVOY , Senior District Judge . I. INTRODUCTION This pro se action brought pursuant to 42 U.S.C. 1983 was referred to the Hon. Th r se Wiley Dancks, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. 636(b) and Local Rule 72.3(c). In her Septem ber 5, 2017 Report-Recommendation and Order (Dkt. No. 233), Magistrate Judge Dancks recommends that Defendants' motion for summary judgment in lieu of an answer (Dkt. No. 177) be...
DECISION and ORDER GLENN T. SUDDABY , Chief District Judge . Currently before the Court, in this prisoner civil rights action filed by Rodney Ferrer ("Plaintiff") against the eleven above-captioned employees of Great Meadow Correctional Facility ("GMCF") in Comstock, New York ("Defendants"), are the following three motions: (1) Plaintiff's motion for partial summary judgment against Defendants Beecher, Burch, and McClenning; (2) Defendants Goodman, Kelly, Waite, and Jenkins' motion for...
DECISION & ORDER THOMAS J. McAVOY , Senior District Judge . This pro se civil action, brought pursuant to 42 U.S.C. 1983, alleges Defendants violated Plaintiff's constitutional rights while he was incarcerated. The matter was referred to the Hon. Andrew T. Baxter, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. 636(b) and Local Rule 72.3(c). The Report-Recommendation, dated August 22, 2017, recommends: that the Court grant Defendants' partial motion...
MEMORANDUM-DECISION AND ORDER LAWRENCE E. KAHN , District Judge . I. INTRODUCTION On November 7, 2016, plaintiff Lisa Johnson commenced this action individually and as next friend of her minor grandson, L.R. Dkt. No. 1 ("Complaint"). Plaintiff's amended complaint, Dkt. No. 36 ("Amended Complaint"), names as defendants the New York State Office of Children and Family Services ("OCFS"), the Albany County Department for Children, Youth, and Families ("DCYF"), Cheryl Cullen, Acting...
DECISION and ORDER GLENN T. SUDDABY , Chief District Judge . Currently before the Court, in this negligence action pursuant to the Federal Tort Claims Act ("FTCA") filed by Martin W. Castle, Jr., ("Plaintiff") against the United States of America ("Defendant"), are the following three motions: (1) Plaintiff's motion for partial summary judgment; (2) Defendant's motion for summary judgment; and (3) Plaintiff's cross-motion requesting the exclusion of certain evidence under Fed. R. Evid....
MEMORANDUM-DECISION and ORDER WILLIAM B. MITCHELL CARTER , Magistrate Judge . This matter was referred to me, for all proceedings and entry of a final judgment, pursuant to the Social Security Pilot Program, N.D.N.Y. General Order No. 18, and in accordance with the provisions of 28 U.S.C. 636(c), Fed. R. Civ. P. 73, N.D.N.Y. Local Rule 73.1 and the consent of the parties. (Dkt. Nos. 20, 21.) Currently before the Court, in this Social Security action filed by Nina Ann Conners ("Plaintiff"...
DECISION and ORDER GLENN T. SUDDABY , Chief District Judge . Currently before the Court, in this action filed by Shawn Murray ("Plaintiff") against the Commissioner of Social Security ("Defendant" or "Commissioner") seeking Social Security benefits pursuant to 42 U.S.C. 405(g), are (1) the Report-Recommendation of United States Magistrate Judge William B. Mitchell Carter recommending that the Commissioner's decision be affirmed and Plaintiff's Complaint be dismissed, and (2) Plaintiff's...
DECISION and ORDER DANIEL J. STEWART , Magistrate Judge . On August 30, 2014, Mark Cannon, Jr. died while in the custody of the Albany County Sheriff. Thereafter, on November 25, 2015, this civil rights lawsuit was commenced by Tracy Cannon, the Administratrix of the Estate of Mark Cannon, Jr., against Correctional Medical Care and its staff, as well as against the County of Albany and its officials. Dkt. No. 1, Compl. Nearing the end of a lengthy litigation process, a settlement...
MEMORANDUM-DECISION AND ORDER Mae A. D'Agostino , U.S. District Judge : I. INTRODUCTION On October 27, 2017, Plaintiff Millennium Pipeline Company, LLC ("Millennium"), filed the complaint in this action seeking declaratory and injunctive relief against Defendants New York State Department of Environmental Conservation ("NYSDEC") and Basil Seggos, the Commissioner of the NYSDEC. See Dkt. No. 1. This case arises out of a dispute between Millennium and the NYSDEC over state and federal...
MEMORANDUM-DECISION AND ORDER LAWRENCE E. KAHN , District Judge . I. INTRODUCTION Pro se plaintiffs R.S. and E.S. commenced this action on May 9, 2017, against the Shenendehowa Central School District Board of Education, Chief State Review Officer ("SRO") of the New York State Education Department Justyne Bates, and Commissioner of the State University of New York MaryEllen Elia, on behalf of their minor son, A.S. Dkt. Nos. 1 ("Complaint"), 10 ("Amended Complaint"). Plaintiffs allege...
DAVID N. HURD , United States District Judge MEMORANDUM-DECISION and ORDER I. INTRODUCTION On August 7, 2015, plaintiffs Kevin A. Ward, Sr. ("Mr. Ward") and Pamela Ward ("Mrs. Ward") (collectively "plaintiffs") filed this wrongful death action in Supreme Court, Lewis County, against defendant Anthony Wayne Stewart ("Stewart" or "defendant"), a race car driver who struck and killed their son, Kevin A. Ward, Jr. ("Ward Jr."). The fatal crash occurred on August 9, 2014, during an...
