ORDER OF SUBSTITUTION DANIEL J. STEWART , Magistrate Judge . Plaintiff Francisco DeJesus, through his counsel, commenced this action pursuant to 42 U.S.C. 1983 along with his co-Plaintiffs on March 27, 2018. Dkt. No. 1, Compl. The Complaint alleges violations of Plaintiff's constitutional rights. Id. An Amended Complaint was then filed. Dkt. No. 17. Defendants have filed a Motion to Dismiss the Amended Complaint. Dkt. No. 25. Mr. DeJesus passed away on June 19, 2018. Dkt. No. 27-1 at...
ORDER DAVID E. PEEBLES , Chief Magistrate Judge . Currently pending before the court in this action, in which plaintiff seeks judicial review of an adverse administrative determination by the Acting Commissioner of Social Security, pursuant to 42 U.S.C. 405(g) and 1383(c)(3), are cross-motions for judgment on the pleadings. 1 Oral argument was heard in connection with those motions on December 27, 2018, during a telephone conference conducted on the record. At the close of argument, I...
MEMORANDUM-DECISION AND ORDER CHRISTIAN F. HUMMEL , Magistrate Judge . Currently before the Court, in this Social Security action filed by Marc C. ("Plaintiff") against the Commissioner of Social Security ("Defendant" or "the Commissioner") pursuant to 42 U.S.C. 405(g), are Plaintiff's motion for judgment on the pleadings and Defendant's motion for judgment on the pleadings. (Dkt. Nos. 12 and 13.) For the reasons set forth below, Plaintiff's motion for judgment on the pleadings is denied...
DECISION and ORDER TH R SE WILEY DANCKS , Magistrate Judge . Currently before the Court, in this Social Security action filed by Terry M. ("Plaintiff") against the Commissioner of Social Security ("Defendant" or "the Commissioner") pursuant to 42 U.S.C. 405(g) and 1383(c)(3), are Plaintiff's motion for judgment on the pleadings and Defendant's motion for judgment on the pleadings. (Dkt. Nos. 9 and 10.) For the reasons set forth below, Plaintiff's motion for judgment on the pleadings is...
DECISION and ORDER TH R SE WILEY DANCKS , Magistrate Judge . Currently before the Court, in this Social Security action filed by Corey W. ("Plaintiff") against the Commissioner of Social Security ("Defendant" or "the Commissioner") pursuant to 42 U.S.C. 405(g) and 1383(c)(3), are Plaintiff's motion for judgment on the pleadings and Defendant's motion for judgment on the pleadings. (Dkt. Nos. 15 and 16.) For the reasons set forth below, Plaintiff's motion for judgment on the pleadings...
DECISION AND ORDER DAVID E. PEEBLES , Magistrate Judge . Currently pending before the court in connection with this matter are the third, fourth, and fifth motions brought by pro se plaintiff Derek A. Heyliger to compel discovery. Dkt. Nos. 47, 48, 54. Collectively, in those motions plaintiff seeks an order compelling a response to interrogatories served on each of the fourteen defendants, as well as to his first, second, and third requests for the production of documents ("RFP"). In...
DECISION AND ORDER LAWRENCE E. KAHN , District Judge . I. INTRODUCTION Plaintiff Luis Zenon alleges that he was abused by correctional officers and state troopers after two prisoners escaped from Clinton Correctional Facility in the Village of Dannemora, New York. Dkt. No. 1 ("Complaint") 1-3. He brings claims for violations of his constitutional rights under 42 U.S.C. 1983. Id. 59-115. All Defendants but Correction Officer Patrick Downey have moved to dismiss pursuant to Rule...
MEMORANDUM-DECISION AND ORDER 1 CHRISTIAN F. HUMMEL , Magistrate Judge . Kevin Hoit ("plaintiff") commenced this civil rights action against Capital District Transportation Authority ("CDTA"), Carm Basile, Steve Waxman, Lance Zarcone, Tony Clanton, Frank Mancini, and Juan Baez ("Baez"). Dkt. No. 1. On April 1, 2015, a proof of service was filed, indicating that defendant Juan Baez was personally served on March 31, 2015. Dkt. No. 7. Defendant Baez failed to serve an answer to the...
ORDER DAVID E. PEEBLES , Magistrate Judge . Currently pending before the court in this action, in which plaintiff seeks judicial review of an adverse administrative determination by the Acting Commissioner, pursuant to 42 U.S.C. 405(g) and 1383(c)(3), are cross-motions for judgment on the pleadings. 1 Oral argument was conducted in connection with those motions on December 13, 2018, during a telephone conference held on the record. At the close of argument, I issued a bench decision in...
DECISION and ORDER 1 DANIEL J. STEWART , Magistrate Judge . Currently before the Court, in this Social Security action filed by Penny Ann W. against the Commissioner of Social Security pursuant to 42 U.S.C. 405(g) and 1383(c)(3), are Plaintiff's Motion for Judgment on the Pleadings and Defendant's Motion for Judgment on the Pleadings. Dkt. Nos. 11 & 14. For the reasons set forth below, Plaintiff's Motion for Judgment on the Pleadings is granted, Defendant's Motion for Judgment on...
ORDER OF SUBSTITUTION DANIEL J. STEWART , Magistrate Judge . Plaintiff Joseph Vellano, through his counsel Salazar and Erikson, LLP, commenced this action in New York State Supreme Court on July 11, 2018. Dkt. No. 2, Compl. The Complaint, inter alia, sought compensation for unpaid disability benefits under Defendant's group insurance policies provided for by his employee welfare benefit plans subject to the Employee Retirement Income Security Act of 1974 ("ERISA"). The Defendant removed...
DECISION AND ORDER MAE A. D'AGOSTINO , District Judge . I. INTRODUCTION On November 8, 2018, the Court entered a Memorandum-Decision and Order granting Plaintiffs' motion for default judgment as to liability, but directing that further supporting documents be filed with respect to damages. The Court now considers the issue of damages. II. DISCUSSION The parties are directed to the November 8, 2018 Memorandum-Decision and Order for the applicable law and background. Plaintiffs offer the...
DECISION AND ORDER DAVID E. PEEBLES , Chief Magistrate Judge . This is an action brought by pro se plaintiff William J. D. pursuant to 42 U.S.C. 405(g), challenging a determination by the Acting Commissioner of Social Security ("Commissioner") finding that he was not disabled at the relevant times, and therefore ineligible to receive disability insurance benefits ("DIB") pursuant to Title II the Social Security Act. In support of his challenge to the Commissioner's determination,...
MEMORANDUM-DECISION AND ORDER BRENDA K. SANNES , District Judge . I. INTRODUCTION Plaintiff Margaret Keyes brings this action against Defendants Ayco Company, L.P. ("Ayco"), Goldman Sachs Group, Inc. ("Goldman Sachs"), Timothy O'Hara, Sheri Lyons, and Joseph Rigabar (together, the "Individual Defendants"), alleging that she was terminated from employment on the basis of her disability in violation of the Americans with Disabilities Act (the "ADA"), 42 U.S.C. 12101-12213, and the New...
ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT DAVID N. HURD , District Judge . On July 25, 2017, named plaintiffs commenced this action on behalf of themselves and a proposed class of fellow 16- and 17-year-olds at continued risk of enduring some form of solitary confinement at the Broome County Jail, a facility operated by defendants Broome County Sheriff David Harder, Jail Administrator Mark Smolinsky, and Deputy Jail Administrator Kevin Moore (the "Broome County defendants")....
DECISION and ORDER GLENN T. SUDDABY , Chief District Judge . Currently before the Court, in this civil rights action filed by Kadeem Arrindel-Martin ("Plaintiff") against the City of Syracuse, police officers Jason Eiffe, Jeffrey Ballagh and Edward Falhousi, and Police Chief Kenton Buckner (collectively, "Defendants"), is Defendants' motion to dismiss Plaintiff's Fourth Claim against Defendant City of Syracuse and Defendant Buckner for failure to state a claim. (Dkt. No. 6.) For the...
DECISION and ORDER GLENN T. SUDDABY , Chief District Judge . Currently before the Court, in this employee benefits action pursuant to the Employee Retirement Income Security Act ("ERISA") filed by Aerocare Medical Transport System, Inc. ("Plaintiff") against the International Brotherhood of Electrical Workers Local 1249 Insurance Fund ("Fund") and POMCO Administrators, Inc. (collectively, "Defendants") are the following two motions: (1) Defendant POMCO's motion to dismiss Plaintiff's...
DECISION and ORDER GLENN T. SUDDABY , Chief District Judge . Currently before the Court, in this pro se prisoner civil rights action filed by Murray Hall, III ("Plaintiff") against the five above-captioned employees of the New York State Department of Corrections and Community Supervision ("Defendants") are (1) Defendants' motion for summary judgment and (2) United States Magistrate Judge David E. Peebles' Report-Recommendation recommending that Defendants' motion be granted. (Dkt. Nos....
MEMORANDUM-DECISION AND ORDER MAE A. D'AGOSTINO , District Judge . I. INTRODUCTION Petitioner Scott Chaplin ("Petitioner") filed this petition on July 2, 2017 for a writ of habeas corpus to vacate his conviction of second-degree felony murder, New York Penal Law ("N.Y.P.L.") 125.25(3), pursuant to 28 U.S.C. 2254. See Dkt. No. 1. Petitioner asserts seven grounds for habeas relief, and alleges that these errors deprived him of a fair trial and due process of law in violation of his...
MEMORANDUM-DECISION AND ORDER Hon. Brenda K. Sannes , United States District Judge : I. INTRODUCTION Plaintiffs New York State Rifle & Pistol Association, Inc. ("NYSRPA"), Robert Nash, and Brandon Koch (together with Nash, the "Individual Plaintiffs") bring this action under 42 U.S.C. 1983, alleging that Defendants George P. Beach II and Richard J. McNally, Jr. violated Plaintiffs Nash and Koch's Second Amendment rights when they refused to grant them licenses to carry a firearm...
