DECISION AND ORDER WILLIAM M. SKRETNY , District Judge . 1. Michael James Southard brings this action pursuant to the Social Security Act ("the Act"), seeking review of the final decision of the Acting Commissioner of Social Security that partially denied his application for disability insurance benefits ("DIB") and Supplemental Security Income ("SSI") under Titles II and XVI of the Act. (Docket No. 1). The Court has jurisdiction over this action under 42 U.S.C. 405(g), 1383(c)(3). 2....
DECISION AND ORDER ELIZABETH A. WOLFORD , District Judge . INTRODUCTION Pro se plaintiff Peter Wells ("Plaintiff'), a prisoner currently incarcerated at the Coxsackie Correctional Facility, brings this action asserting claims under 42 U.S.C. 1983 and the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA"), 42 U.S.C. 2000cc et seq. Plaintiff, a former follower of the Nation of Islam ("NOI"), alleges that defendants Jeff McKoy ("McKoy"), Mark Bradt ("Bradt"),...
DECISION AND ORDER ELIZABETH A. WOLFORD , District Judge . INTRODUCTION Plaintiff Jessie Engles ("Plaintiff') commenced the instant action on August 16, 2013. (Dkt. 1). The operative pleading is the Second Amended Complaint (Dkt. 60), which asserts various claims under 42 U.S.C. 1983 and 1985 related to Plaintiff's incarceration at the Five Points Correctional Facility ("Five Points") and his treatment at the Central New York Psychiatric Center ("CNYPC"). Discovery in this matter has...
DECISION AND ORDER LAWRENCE J. VILARDO , District Judge . On October 7, 2016, the plaintiff, Tracey Evette Richards, brought this action under the Social Security Act ("the Act"). She seeks review of the determination by the Commissioner of Social Security ("Commissioner") that she is not disabled. Docket Item 1. On May 2, 2017, Richards moved for judgment on the pleadings, Docket Item 13; on September 20, 2017, the Commissioner responded and cross-moved for judgment on the pleadings,...
DECISION AND ORDER LAWRENCE J. VILARDO , District Judge . On September 26, 2016, the plaintiff, Mischelle L. Szefler, brought this action under the Social Security Act ("the Act"). She seeks review of the determination by the Commissioner of Social Security ("Commissioner") that she was not disabled. Docket Item 1. On February 21, 2017, Szefler moved for judgment on the pleadings, Docket Item 9, and on May 9, 2017, the Commissioner responded and cross-moved for judgment on the pleadings,...
CONSENT Order HUGH B. SCOTT , Magistrate Judge . Before the Court is plaintiff's motion to recover her attorney's fees under the Equal Access to Justice Act (Docket No. 20), 28 U.S.C. 2412 ("EAJA"). Response to this motion was due by December 12, 2018 (Docket No. 21), and defendant Commissioner responded (Docket No. 22) opposing the award of fees. Plaintiff's reply was due by December 19, 2019 (Docket No. 21), which plaintiff did not file. The matter was submitted, without oral argument,...
Decision and Order (Consent) HUGH B. SCOTT , Magistrate Judge . I. INTRODUCTION The parties have consented to this Court's jurisdiction under 28 U.S.C. 636(c). (Dkt. No. 23.) The Court has reviewed the Certified Administrative Record in this case (Dkt. No. 10, pages hereafter noted in brackets), and familiarity is presumed. Pending before the Court are cross-motions by plaintiff Tiffany Lynn Converso and defendant the Commissioner of Social Security (the "Commissioner"), under Rule 12(c)...
DECISION AND ORDER MICHAEL J. ROEMER , Magistrate Judge . Pursuant to 28 U.S.C. 636(c), the parties consented to have a United States Magistrate Judge conduct all proceedings in this case. (Dkt. No. 17). Plaintiff David G. Thompson ("plaintiff") brings this action pursuant to 42 U.S.C. 405(g) and 1383(c)(3) seeking judicial review of the final decision of the Commissioner of Social Security ("Commissioner" or "defendant") denying him Social Security Disability Insurance Benefits ("DIB"...
Decision and Order HUGH B. SCOTT , Magistrate Judge . I. INTRODUCTION AND BACKGROUND "Plaintiff Charles Burgin is the founder of Brotherman's Progress Mentors Matter Advocacy, a group dedicated to advocating for minority male students in the Buffalo, N.Y., public school system. In 2013 and 2014, Burgin worked to have the Buffalo Board of Education adopt a mentoring program called `5000 Role Models of Excellence Project' in the Buffalo public schools. After the Board of Education...
DECISION & ORDER LAWRENCE J. VILARDO , District Judge . On October 28, 2016, the plaintiff, Clayton Smith, brought this action under the Social Security Act ("the Act"). He seeks review of the determination by the Commissioner of Social Security ("Commissioner") that he was not disabled. Docket Item 1. On February 7, 2017, this Court referred this case to United States Magistrate Judge Hugh B. Scott for all proceedings under 28 U.S.C. 636(b)(1)(B). Docket Item 9. On May 8, 2017, Smith...
DECISION AND ORDER MICHAEL A. TELESCA , District Judge . INTRODUCTION Betty Guernsey Cavazos ("Plaintiff"), represented by counsel, brings this action under 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" or "Defendant") denying her applications for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI"). The Court has jurisdiction over the matter...
DECISION AND ORDER DAVID G. LARIMER , District Judge . This action was brought by four property owners in Corning, New York ("Corning, NY"), against Corning Incorporated ("Corning"), asserting claims under the Comprehensive Environmental, Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. 9601 et seq., and under New York state law. Plaintiffs seek damages and "response costs" due to alleged contamination by hazardous substances of property owned by plaintiffs. The...
DECISION AND ORDER ELIZABETH A. WOLFORD , District Judge . I. INTRODUCTION On February 2, 2018, Defendants Bin Wen ("Wen") and Peng Zhang ("Zhang") (collectively "Defendants") waived indictment and entered guilty pleas. (Case No. 6:17-cr-06173, Dkt. 43; Case No. 6:17-cr-06174, Dkt. 41). 1 Wen pleaded guilty to a two-count Information charging (1) a violation of 18 U.S.C. 1349 (conspiracy to commit wire fraud) and (2) a violation of 18 U.S.C. 1957(a) (engaging in monetary...
DECISION AND ORDER FRANK P. GERACI, JR. , Chief District Judge . INTRODUCTION On March 18, 2016, Plaintiff Michael Coleman, then proceeding pro se, filed a complaint and motion to proceed in forma pauperis. ECF Nos. 1-2. Nearly a year later, on February 3, 2017, Coleman's counsel filed an amended complaint against Defendants the City of Rochester, Chief of Police Michael Ciminelli, and Rochester Police Department (RPD) Investigators John Fiorica, Vincent Post, and Ignacio Torres. ECF...
DECISION & ORDER MARIAN W. PAYSON , Magistrate Judge . Plaintiffs Marissa Carter, Evelyn Grys, Bruce Currier, Sharon Koning, Sue Beehler, Marsha Mancuso, and Jaclyn Cuthbertson ("plaintiffs") commenced this putative class action against CIOX Health, LLC, formerly known as HealthPort Technologies, LLC, the Rochester General Hospital, the Unity Hospital of Rochester, and the F.F. Thompson Hospital, Inc. ("defendants") alleging that they systematically overcharged patients who requested...
DECISION AND ORDER FRANK P. GERACI, JR. , Chief District Judge . INTRODUCTION Plaintiff Lucille Clute brings this action on behalf of her deceased mother, Sheila Marie McGuire, pursuant to the Social Security Act seeking review of the final decision of the Acting Commissioner of Social Security that denied McGuire's application for Disability Insurance Benefits ("DIB") under Title II of the Act. ECF No. 1. The Court has jurisdiction over this action under 42 U.S.C. 405(g). Both parties...
DECISION AND ORDER RICHARD J. ARCARA , District Judge . Defendant James L. Nelson is charged in an Indictment with: (1) possessing cocaine base with intent to distribute within 1,000 feet of a school in violation of 21 U.S.C. 860(a); (2) possessing marijuana with intent to distribute within 1,000 feet of a school in violation of 21 U.S.C. 860(a); and, (3) maintaining a drug-involved premises within 1,000 feet of a private school in violation of 21 U.S.C. 860(a). Defendant Nelson has...
DECISION AND ORDER H. KENNETH SCHROEDER, JR. , Magistrate Judge . INTRODUCTION Plaintiff, on behalf of her child, M.L.H., challenges an Administrative Law Judge's ("ALJ") determination that M.L.H. is not entitled to benefits under the Social Security Act ("the Act"). Plaintiff alleges that M.L.H. has been disabled since February 2, 2009, when M.L.H. was eight years old, due to optic neuritis and Attention-Deficit Hyperactivity Disorder (ADHD). Tr. 1 at 52, 134, 142. Plaintiff alleges...
DECISION AND ORDER & ORDER TO SHOW CAUSE FRANK P. GERACI, JR. , Chief District Judge . INTRODUCTION On September 7, 2018, over three years after Plaintiff DirecTV filed its complaint, the Court held a hearing in which it denied Defendants Paul and Theresa Wright's joint motion to dismiss and Theresa's motion to appoint counsel. At the hearing, the Court explained to Defendants that they are required to answer the complaint, a motion to dismiss does not function as an answer, and any...
DECISION AND ORDER FRANK P. GERACI, JR. , Chief District Judge . INTRODUCTION Plaintiff Jessica Leigh Townsend brings this action pursuant to the Social Security Act seeking review of the final decision of the Acting Commissioner of Social Security that denied her application for Supplemental Security Income ("SSI") under Title XVI of the Act. ECF No. 1. The Court has jurisdiction over this action under 42 U.S.C. 405(g), 1383(c)(3). Both parties moved for judgment on the pleadings...
