DECISION and ORDER WILLIAM G. YOUNG , District Judge . 2 I. INTRODUCTION Plaintiff Danielle Crosse ("Crosse") brings this action against Carolyn W. Colvin, the Acting Commissioner of the Social Security Administration (the "Commissioner" or the "Agency"), seeking the reversal of the Commissioner's determination that Crosse is not entitled to disability insurance benefits pursuant to Title II of the Social Security Act (the "Act"). Am. Compl. 2, ECF No. 4. A. Procedural History On...
CONSENT ORDER FOR PAYMENT OF ATTORNEY FEES UNDER EAJA THOMAS J. McAVOY, District Judge. IT IS HEREBY STIPULATED AND AGREED by the undersigned attorneys for the parties in the above-titled action that plaintiff be awarded attorney fees and costs under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412, in the amount of six thousand and five hundred and eight dollars and seventy-nine cents ($6,508.79) in fees, and fifteen dollars and thirty-nine cents ($15.39) in costs, in full...
REPORT-RECOMMENDATION ANDREW T. BAXTER, Magistrate Judge. This matter has been referred for Report and Recommendation, pursuant to 28 U.S.C. 636(b) and Local Rules N.D.N.Y. 72.3(c), by the Honorable David N. Hurd, United States District Judge. In this pro se civil rights complaint (Dkt. No. 1) 1 , plaintiff alleges that, while he was in the custody of the Washington County Jail, the defendants denied him constitutionally adequate medical care. Presently before this court is defendant...
REPORT AND RECOMMENDATION DAVID E. PEEBLES, Magistrate Judge. Plaintiff Heather Myer, on behalf of K.W.C., a minor, has commenced this action against Carolyn W. Colvin, the Commissioner of Social Security, pursuant to 42 U.S.C. 405 seeking judicial review of the Commissioner's denial of her claim for benefits under Title XVI of the Social Security Act. Currently pending before the court is a motion brought by defendant seeking dismissal of plaintiff's complaint based on plaintiff's failure...
STIPULATION OF DISMISSAL GARY L. SHARPE, Chief Judge. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, Mark Lynch, Pro Se Plaintiff, and the attorneys of record for defendants 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-entitled action be, and the same is hereby discontinued against defendants,...
DECISION and ORDER DAVID N. HURD, District Judge. Pro se plaintiff Johnathan Johnson brought this civil rights action pursuant to 42 U.S.C. 1983. On December 3, 2014, the Honorable Andrew T. Baxter, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion to dismiss be granted and the complaint be dismissed in its entirety as to all defendants with prejudice. He further recommended that defendants' motion for sanctions and plaintiff's motion for sanctions be...
ORDER and REPORT-RECOMMENDATION ANDREW T. BAXTER, Magistrate Judge. This matter has been referred to me for Report and Recommendation pursuant to 28 U.S.C. 636(b) and LOCAL RULES N.D.N.Y. 72.3(c). On July 7, 2014, defendants removed this action from the New York State Supreme Court, Franklin County. (Dkt. No. 1). In this civil rights complaint, plaintiff alleges that he was the subject of a "retaliatory transfer" from Elmira Correctional Facility ("Elmira") to Upstate Correctional Facility (...
ORDER BRENDA K. SANNES, District Judge. The above matter comes to me following a Report-Recommendation by Magistrate Judge Andrew T. Baxter, duly filed on the 8 th day of December, 2014. Following fourteen (14) days from the service thereof, the Clerk has sent me the file. No objections were filed to the Report-Recommendation. After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is ORDERED that:...
ORDER and REPORT-RECOMMENDATION ANDREW T. BAXTER, Magistrate Judge. This matter has been referred to me for Report and Recommendation pursuant to 28 U.S.C. 636(b) and LOCAL RULES N.D.N.Y. 72.3(c). In this civil rights complaint, plaintiff alleges that defendants used excessive force on him on three occasions in violation of his Eighth and Fourteenth Amendment rights. (Complaint ("Compl.") (Dkt. No. 1). Plaintiff requests a substantial amount of compensatory and punitive damages. (Compl. at...
DECISION & ORDER THOMAS J. McAVOY, Senior District Judge. I. INTRODUCTION Timothy Brian Ashley ("Plaintiff") brought this action under the Social Security Act, 42 U.S.C. 405(g), to review a final determination by the Commissioner of Social Security ("Commissioner") denying Plaintiff's application for benefits. Plaintiff contends, inter alia, that Administrative Law Judge Elizabeth W. Koennecke ("ALJ") erred by failing to properly follow the treating physician rule. See Pl. Brief at 3,...
ORDER MAE A. D'AGOSTINO, District Judge. Plaintiff brings this action pursuant to 42 U.S.C. 405(g), seeking judicial review of the Commissioner of Social Security's ("Commissioner") decision to deny his application for disability insurance benefits under the Social Security Act. Presently before the Court are the parties' cross-motions for judgment on the pleadings. See Dkt. Nos. 12, 13. This matter was referred to United States Magistrate Judge Christian F. Hummel for a Report and...
MEMORANDUM-DECISION and ORDER DAVID N. HURD, District Judge. I. INTRODUCTION Kenneth Gates, Sr. ("Mr. Gates" or "decedent") commenced this action in New York State Supreme Court, Broome County, alleging that he had been exposed to, and developed illnesses from, asbestos and asbestos-containing products "mined, manufactured, processed, imported, converted, compounded, installed, or sold" by, inter alia, defendant Crane Co. ("Crane" or "defendant"). Following Mr. Gates's death, Kenneth...
DECISION & ORDER THOMAS J. McAVOY, Senior District Judge. Plaintiff Deborah J. Taylor moves for an order from this Court confirming an arbitration award entered against Donald H. Hunter, Jr., by a panel appointed by the Office of Dispute Resolution of the Financial Industry Regulatory Authority. See dkt. # 1. Plaintiff asserts that the award was valid, that the Court should confirm this arbitration award, and that the Court should order payment of the $155,494.91 as well as interest of 9%...
ORDER GARY L. SHARPE, District Judge. Currently before the court is, among other things, plaintiff Securities and Exchange Commission's (SEC) motion for summary judgment made pursuant to Rule 56 of the Federal Rules of Civil Procedure. (Dkt. No. 708.) Defendants' response papers were to be filed on or before August 11, 2014. (Dkt. No. 776.) Despite the passage of the due date, defendants Timothy M. McGinn and Nancy McGinn have neither filed a response to the motion, nor notified the court...
DECISION & ORDER THOMAS J. McAVOY, Senior District Judge. This action, in which Plaintiff seeks review of a decision by the Commissioner of Social Security denying her son's application for Supplemental Security Income ("SSI"), was referred to the Honorable 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). In the Report-Recommendation, dated May 28, 2014, Magistrate Judge Baxter recommends that Defendants'...
MEMORANDUM-DECISION and ORDER DAVID N. HURD, District Judge. I. INTRODUCTION Plaintiff Melissa Gannett ("Gannett" or "plaintiff") brings this action, pursuant to 42 U.S.C. 405(g) and 1383(c)(3), seeking review of defendant Commissioner of Social Security's ("Commissioner" or "defendant") final decision denying her application for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI"). The parties have filed their briefs as well as the Administrative Record on...
DECISION & ORDER THOMAS J. MCAVOY, Senior District Judge. I. INTRODUCTION This action was referred to the Hon. David E. Peebles, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. 636(b) and Local Rule 72.3(c). No objections to Magistrate Judge Peebles's Report and Recommendation [dkt. # 7] have been filed, and the time to do so has expired. II. DISCUSSION After examining the record, this Court has determined that the Report and Recommendation is not...
MEMORANDUM-DECISION AND ORDER MAE A. D'AGOSTINO, District Judge. I. INTRODUCTION Plaintiff, an inmate currently in the custody of the New York State Department of Corrections and Community Supervision ("DOCCS"), brought this pro se action pursuant to 42 U.S.C. 1983, alleging that Defendants violated his constitutional rights under the First and Fourteenth Amendments, as well as his rights under the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA"). See Dkt. No. 1;...
JUDGMENT IN A CIVIL CASE Decision by Court. This action came to a hearing before the Court. The issues have been heard and a decision has been rendered. IT IS ORDERED AND ADJUDGED That Plaintiff's Clery Act claim against Defendant is DISMISSED sua sponte, because the Clery Act does not provide for private causes of action. The Court further ORDERS that Defendant's motion for summary judgment is GRANTED with respect to the claims that appeared in Plaintiff's first DHR Complaint...
MEMORANDUM-DECISION AND ORDER FREDERICK J. SCULLIN, Jr., District Judge. I. INTRODUCTION Plaintiff, a former employee of Defendant The State University of New York at Oswego ("SUNY Oswego" or "the University"), has filed several actions related to her employment and termination from the University. These include actions before the federal court, the New York State Department of Human Rights ("DHR"), and an arbitrator. On November 19, 2008, Plaintiff filed her first complaint with the DHR....
