DECISION AND ORDER ELIZABETH A. WOLFORD , United States District Judge . INTRODUCTION This litigation arises out of a single-car accident on August 8, 2015, where plaintiff Alexander Romano ("Alexander") was allegedly injured as the passenger in a vehicle driven by defendant Jesse W. Parker ("Jesse"). On or about April 21, 2017, plaintiffs Alexander, Kim Romano ("Kim"), and Travelers Personal Insurance Company ("Travelers") (collectively, "Plaintiffs") filed a complaint in New York State...
REPORT, RECOMMENDATION and ORDER JEREMIAH J. McCARTHY , Magistrate Judge . Defendant Gerardo Ballardo is charged along with a number of co-defendants in a Second Superseding Indictment [47]. 1 He is charged in 18 of the 23 counts, with conspiracy to distribute heroin and cocaine, in violation of 21 U.S.C. 846, conspiracy to launder money, in violation of 18 U.S.C. 1956(h), conspiracy to structure transactions, in violation of 18 U.S.C. 371; and 15 counts of structuring transactions, in...
DECISION AND ORDER MICHAEL A. TELESCA , District Judge . I. Introduction Represented by counsel, Janet Besseghini ("Plaintiff") instituted this action pursuant to Title II of the Social Security Act ("the Act"), seeking review of the final decision of the Acting Commissioner of Social Security ("the Commissioner") 1 denying her application for Disability Insurance Benefits ("DIB"). The Court has jurisdiction over the matter pursuant to 42 U.S.C. 405(g), 1383(c). II. Procedural Status...
DECISION AND ORDER MICHAEL A. TELESCA , District Judge . I. Introduction Represented by counsel, Richard Pintagro ("Plaintiff") instituted this action pursuant to Title XVI of the Social Security Act ("the Act"), seeking review of the final decision of the Acting Commissioner of Social Security ("the Commissioner") 1 denying his application for Supplemental Security Income ("SSI"). The Court has jurisdiction over the matter pursuant to 42 U.S.C. 405(g), 1383(c). II. Procedural Status...
DECISION AND ORDER ELIZABETH A. WOLFORD , United States District Judge . The above-named defendants are scheduled to proceed to trial in this matter commencing on January 16, 2018. Defendant Sean McIndoo has filed a motion requesting various relief in connection with the empaneling of a jury in this case. (Dkt. 915). The Court addressed the motion at a pretrial conference conducted on December 12, 2017, indicating, for the reasons stated on the record, that the requested relief would be...
DECISION AND ORDER MICHAEL A. TELESCA , District Judge . I. Introduction Represented by counsel, Etta L. Wright ("Plaintiff") instituted this action pursuant to Titles II and XVI of the Social Security Act ("the Act"), seeking review of the final decision of the Acting Commissioner of Social Security ("the Commissioner") 1 denying her applications for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI"). The Court has jurisdiction over the matter pursuant to 42...
DECISION AND ORDER MICHAEL A. TELESCA , District Judge . I. Introduction Plaintiff Renee Doctor ("plaintiff") brings this action pursuant to Title XVI of the Social Security Act ("the Act"), seeking review of the final decision of the Acting Commissioner of Social Security ("defendant" or "the Commissioner") denying her application for supplemental security income ("SSI"). Presently before the Court are the parties' competing motions for judgment on the pleadings pursuant to Rule 12(c) of...
DECISION AND ORDER LAWRENCE J. VILARDO , District Judge . The plaintiff, Barbara D. Baker, brought this suit under the Family and Medical Leave Act of 1993, 29 U.S.C. Section 2611 ("FMLA"); the Americans with Disabilities Act, 42 U.S.C. Section 12101 (2008) ("ADA"); Title VII of the Civil Rights Act, 42 U.S.C. Section 2000-e (1964) ("Title VII"); and the New York State Human Rights Law, N.Y. Exec. Law Section 290 ("HRL"), alleging employment discrimination. Docket Item 36. Specifically,...
DECISION AND ORDER ELIZABETH A. WOLFORD , District Judge . Defendant Antwan Hugley ("Defendant") is charged in a seven-count Second Superseding Indictment returned on June 1, 2017, with conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine in violation of 21 U.S.C. 846; attempted possession of 500 grams or more of cocaine with the intent to distribute in violation of 21 U.S.C. 846 and 18 U.S.C. 2; possession of firearms in furtherance of...
DECISION AND ORDER ELIZABETH A. WOLFORD , United States District Judge . BACKGROUND Defendant Andre Jenkins ("Jenkins") is one of 12 remaining defendants 1 named in a 46-count Second Superseding Indictment ("Indictment") (Dkt. 33) returned on March 16, 2016, alleging various crimes, including a conspiracy in violation of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1961 et seq. ("RICO"), in connection with the operation of the Kingsmen Motorcycle Club. Jenkins...
DECISION & ORDER MARIAN W. PAYSON , Magistrate Judge . PRELIMINARY STATEMENT Plaintiff Eric J. Lubberts ("Lubberts") brought this action pursuant to Section 205(g) of the Social Security Act (the "Act"), 42 U.S.C. 405(g), seeking judicial review of a final decision of the Commissioner of Social Security (the "Commissioner"). (Docket # 1). The Commissioner's decision denied Lubberts's application for Disability Insurance Benefits ("DIB"). ( Id. ). Pursuant to 28 U.S.C. 636(c), the...
DECISION AND ORDER DAVID G. LARIMER , United States District Judge Plaintiff appeals from a denial of disability benefits by the Commissioner of Social Security ("the Commissioner"). The action is one brought pursuant to 42 U.S.C. 405(g) to review the Commissioner's final determination. On September 25, 2012, plaintiff, then thirty years old, filed an application for a period of disability and disability insurance benefits, and an application for Supplemental Security Income benefits...
DECISION AND ORDER WILLIAM M. SKRETNY , District Judge . 1. Defendant Kenneth Pettway, Jr. is charged in a 5-count indictment with controlled substances and firearms offenses, in violation of 21 U.S.C. 841 (a)(1), 846 and 18 U.S.C. 922 (g)(1), 924 (a)(2), 924 (c)(1). He has been detained pending trial since May 31, 2017, when this Court revoked his pretrial release. (Docket No. 816.) Now before this Court is Pettway's oral motion for release from custody, which the government opposes....
DECISION AND ORDER RICHARD J. ARCARA , District Judge . Defendant Ismael Lopez was convicted, after a jury trial, of one count of racketeering conspiracy in violation of 18 U.S.C. 1962(d) ("RICO conspiracy"), two counts of murder in aid of racketeering in violation of 18 U.S.C. 1959(a) ("VICAR murder"), one count of narcotics conspiracy in violation of 21 U.S.C. 846, and one count of possessing firearms in furtherance of a drug-trafficking crime in violation of 18 U.S.C. 924(c)....
DECISION AND ORDER FRANK P. GERACI, JR. , Chief District Judge . INTRODUCTION Nanyanhka L. Bryant ("Bryant" or "Plaintiff") brings this action pursuant to the Social Security Act ("the Act") seeking review of the final decision of the Acting Commissioner of Social Security ("the Commissioner") that denied her applications for disability insurance benefits ("DIB") and Supplemental Security Income ("SSI") under Titles II and XVI of the Act. ECF No. 1. The Court has jurisdiction over this...
DECISION AND ORDER DAVID G. LARIMER , United States District Judge Plaintiff Edwin Martinez ("plaintiff") appeals from a denial of disability benefits by the Commissioner of Social Security ("the Commissioner"). The action is brought under the Social Security Act 216(i) and 223(d) seeking to review the Commissioner's final determination. On December 14, 2012, plaintiff filed an application for disability insurance benefits which alleged disability beginning on January 16, 2012. His...
DECISION AND ORDER MICHAEL A. TELESCA , District Judge . I. Introduction Pro se plaintiff Hector Gonzalez ("Plaintiff" or "Gonzalez"), an inmate in custody of the New York State Department of Corrections and Community Supervision ("DOCCS") at Wende Correctional Facility, commenced the instant action pursuant to 42 U.S.C. 1983 against DOCCS Correction Officers Coburn, Nolan, and John Doe Defendant, Sergeant Olles, Acting Commissioner Anthony J. Annucci, Superintendent Dale Artus, and...
DECISION AND ORDER JONATHAN W. FELDMAN , Magistrate Judge . On May 17, 2017, Plaintiff filed a motion for appointment of counsel (Docket # 16). Plaintiff's motion is granted. Under 28 U.S.C. 1915(e), the Court may appoint counsel to assist indigent litigants, see, e.g., Sears, Roebuck & Co. v. Charles Sears Real Estate, Inc., 865 F.2d 22 , 23 (2d Cir. 1988), and the assignment of pro bono counsel in civil cases is within the trial court's discretion. In re Martin-Trigona, 737...
DECISION AND ORDER WILLIAM M. SKRETNY , District Judge . I. INTRODUCTION Plaintiffs commenced this action on June 17, 2014, asserting claims pursuant to 42 U.S.C. 1983; the Americans with Disabilities Act, 42 U.S.C. 12101 et seq. ("ADA"); the Rehabilitation Act of 1973, 29 U.S.C. 701 ("Rehabilitation Act"); New York Civil Rights Law 79-n; New York Estate Powers & Trusts Law ("EPTL") 5-4.1; and New York State common law. This Court granted a motion to dismiss Plaintiffs'...
DECISION AND ORDER MICHAEL A. TELESCA , District Judge . I. Introduction Plaintiff Local No. 503 of the Graphic Communications Conference of the International Brotherhood of Teamsters ("Local 503" or "plaintiff") commenced the instant action on August 29, 2017, alleging that defendant Cascades Containerboard Packaging — Lancaster ("Cascades" or "defendant") is violating a collective bargaining agreement by refusing to arbitrate a grievance related to the reduction of wages for four...
