STIPULATION AND ORDER OF DISCONTINUANCE PURSUANT TO RULE 41(A) FREDERICK J. SCULLIN, JR., Senior District Judge. IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, the attorneys for Plaintiff Korina L. Rider and the Defendant Joseph M. Alma, parties to the above entitled-action, that, whereas no party hereto is an infant or incompetent person for whom a committee has been appointed, and no person not a party has an interest in the subject matter of the action, the above-...
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, Chief District Judge. I. Introduction Plaintiff pro se Cesar Mateo commenced this action against defendants M. Gundrum, Martin, and Mohammed Khair pursuant to 42 U.S.C. 1983, alleging retaliation under the First and Fourteenth Amendments and cruel and unusual punishment under the Eight Amendment. (2d Am. Compl., Dkt. No. 39.) After filing an answer, defendants moved for summary judgment. (Dkt. Nos. 53, 60.) In a Report-Recommendation and...
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, Chief District Judge. I. Introduction Plaintiff Gregory Bradley challenges the Commissioner of Social Security's denial of Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI), seeking judicial review under 42 U.S.C. 405(g) and 1383(c)(3). (Compl., Dkt. No. 1.) After reviewing the administrative record and carefully considering Bradley's arguments, the court affirms the Commissioner's decision and dismisses the...
DECISION AND ORDER WILLIAM G. YOUNG, District Judge. 1 I. INTRODUCTION Keith Wood ("Wood") brings this action pursuant to section 205(g) of the Social Security Act, 42 U.S.C. 405(g), seeking judicial review of the final decision of the Commissioner of the Social Security Administration ("Commissioner") denying him Social Security Disability Insurance ("SSDI") benefits. 2 Wood challenges the determination of an Administrative Law Judge (the "hearing officer") that Wood is not disabled...
DECISION & ORDER THOMAS J. McAVOY, Senior District Judge. I. INTRODUCTION Plaintiffs commenced this action asserting claims for unpaid overtime under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201 et seq., and New York Labor Law, Article 19, 650 et seq. See 2nd Am. Compl., dkt. # 43. Defendant Home Depot U.S.A., Inc. ("Home Depot" or "Defendant") moves for summary judgment dismissing the claims brought by Plaintiff Theodore Biagiotti ("Biagiotti" or "Plaintiff") on the grounds...
ORDER MAE A. D'AGOSTING, District Judge. On July 9, 2012, pro se Plaintiff Paul Smith commenced this action pursuant to 42 U.S.C. 1983 and Title II of the Americans with Disabilities Act, 42 U.S.C. 12101, et seq. ("ADA"), alleging deprivation of his civil rights under the United States Constitution. Plaintiff's complaint alleges that Defendants refused to grant him a reasonable accommodation for his disability while he was an inmate in the custody of the Department of Corrections and...
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, Chief District Judge. I. Introduction Plaintiff Misty'Lin Walker challenges defendant Commissioner of Social Security's denial of Disability Insurance Benefits (DIB) and Supplemental Security Income benefits (SSI), seeking review under 42 U.S.C. 405(g) and 1383(c)(3). (Compl., Dkt. No. 1.) In a Report-Recommendation (R&R) filed June 19, 2013, Magistrate Judge Earl S. Hines recommended that the Commissioner's decision be affirmed and...
MEMORANDUM-DECISION and ORDER LAWRENCE E. KAHN, District Judge. I. INTRODUCTION Plaintiffs Barbara Nuss ("Barbara") and the Estate of Robert A. Nuss ("Robert") (collectively, "Plaintiffs") commenced this action against Defendants Joseph William Sabad ("Joseph") and Vicki Ann Sabad ("Vicki") (collectively, "Defendants"), alleging several causes of action arising from an arrangement to acquire land in Mexico. See generally Dkt. No. 1 ("Complaint"). Currently pending before the Court is...
MEMORANDUM-DECISION and ORDER LAWRENCE E. KAHN, District Judge. I. INTRODUCTION In this reinsurance-coverage dispute, Plaintiff, insurer Utica Mutual Insurance Company ("Utica"), brings a breach-of-contract claim seeking reimbursement from Defendant, reinsurer Munich Reinsurance America, Inc. ("Munich"), for defense costs and other expenses Utica has provided to Goulds Pumps, Inc. ("Goulds"). See generally Dkt. No. 1 ("Complaint"). 1 Presently before the Court are Munich's Motion for...
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, Chief District Judge. I. Introduction Plaintiff Steven Crofoot challenges defendant Commissioner of Social Security's denial of Disability Insurance Benefits (DIB), seeking review under 42 U.S.C. 405(g). (Compl., Dkt. No. 1.) In a Report and Recommendation (R&R) filed May 8, 2013, Magistrate Judge Earl S. Hines recommended that the Commissioner's decision be affirmed. 1 (R&R, Dkt. No. 15.) Pending are Crofoot's objections to the R&R. (Dkt....
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, Chief Judge. I. Introduction Plaintiff Jodie Churchill o/b/o ZWC, challenges the Commissioner of Social Security's denial of Supplemental Security Income (SSI), seeking judicial review under 42 U.S.C. 405(g). (Compl., Dkt. No. 1.) After reviewing the administrative record and carefully considering the arguments, the court affirms the Commissioner's decision and dismisses the complaint. II. Background On September 18, 2009, Churchill...
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, Chief District Judge. I. Introduction Plaintiff Dorothy Houle-Call challenges the Commissioner of Social Security's denial of Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI), seeking judicial review under 42 U.S.C. 405(g). (Compl., Dkt. No. 1.) After reviewing the administrative record and carefully considering Houle-Call's arguments, the court affirms the Commissioner's decision and dismisses the complaint. II....
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, Chief District Judge. I. Introduction Plaintiff Sean M. Taylor challenges the Commissioner of Social Security's denial of Disability Insurance Benefits (DIB), seeking judicial review under 42 U.S.C. 405(g). (Compl., Dkt. No. 1.) After reviewing the administrative record and carefully considering Taylor's arguments, the court affirms the Commissioner's decision and dismisses the complaint. II. Background On May 21, 2009, Taylor filed...
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, Chief District Judge. I. Introduction Plaintiff pro se Melvin Herring commenced this action against defendants Department of Correction and Community Supervision (DOCCS), Marcy Regional Mental Health Unit (RMHU), correction officer Tabor, B., and correction sergeant Smith pursuant to 42 U.S.C. 1983. (Compl., Dkt. No. 1.) Herring's complaint alleges violations of the First and Eighth Amendments. ( Id. ) Herring seeks declaratory and...
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, Chief District Judge. I. Introduction Plaintiffs pro se Edward Treat, Larry Brown, Myron Wright, and Richard Zimmer commenced this action against defendants Central New York Psychiatric Center (CNYPC), the New York Office of Mental Health, Michael F. Hogan, Maureen Bosco, Barbara Miller, Marianne Madia, Anthony Gonzalez, James Morgan, Jeff Nowicki, Terri Maxymillain, Elaine Dziadyk, and Miya Burt, pursuant to 42 U.S.C. 1983, alleging...
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, Chief District Judge. I. Introduction Plaintiff Barbara Lynne Woodmancy 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). (Compl., Dkt. No. 1.) After reviewing the administrative record and carefully considering Woodmancy's arguments, the court affirms the Commissioner's decision and dismisses the complaint. II. Background On...
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, Chief District Judge. I. Introduction Plaintiff Stacey Lynn Dillenbeck challenges the Commissioner of Social Security's denial of Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI), seeking judicial review under 42 U.S.C. 405(g) and 1383(c)(3). (Compl., Dkt. No. 1.) After reviewing the administrative record and carefully considering Dillenbeck's arguments, the court reverses and remands the Commissioner's decision....
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, Chief District Judge. I. Introduction Plaintiff Kara J. King challenges the Commissioner of Social Security's denial of Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI), seeking judicial review under 42 U.S.C. 405(g). (Compl., Dkt. No. 1.) After reviewing the administrative record and carefully considering King's arguments, the Commissioner's decision is reversed and remanded for further administrative proceedings....
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, Chief Judge. I. Introduction Plaintiff Hua Lin commenced this action against defendants New York State Department of Labor (DOL) and Jackie Simmons, alleging employment discrimination under Title VII of the Civil Rights Act of 1964 ("Title VII") 1 and New York Executive Law 296 ("Human Rights Law"). 2 (Compl., Dkt. No. 1.) Pending before the court is defendants' motion for summary judgment, (Dkt. No. 24), on the grounds that Lin's...
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, Chief District Judge. I. Introduction Plaintiffs Anthony Tartaro (hereinafter "Tartaro"), Christina Tartaro, 921-925 State Street Associates, Inc., and Andy's Cycle Shop, Inc. commenced this action against defendants City of Syracuse (hereinafter "City") and Joan MacDonald, Commissioner of the Department of Transportation (DOT) of the State of New York pursuant to 42 U.S.C. 1983, alleging violations of the Fifth Amendment takings clause...
