67 Fair empl.prac.cas. (Bna) 1679, 31 fed.r.serv.3d 1375 Mahmood M. Yoonessi, M.D. v. State Univ. of New York, at Buffalo Steven B. Sample, Individually, & in His Capacity as Former President, State Univ. of New York at Buffalo William R. Greiner, Individually, & in His Capacity as President, State Univ. of New York at Buffalo John P. Naughton, Individually, & in His Capacity as Dean & Vice President for Academic Affairs, Sch. of Med., State Univ. of New York at Buffalo Myroslaw M. Hreshchyshyn, Individually, & in His Capacity as Chair, Dep't of Gynecology & Obstetrics & Adm'r of the Jt. Venture, State Univ. of New York at Buffalo & as Chair, Dep't of Gynecology & Obstetrics, Millard Fillmore Hosp. Antonina Canazzi, Individually, & in Her Capacity as Assistant to the Chair, Dep't of Gynecology & Obstetrics, State Univ. of Buffalo, Child.'s Hosp. Child.'s Hosp. of Buffalo Robert Paterson, Individually, & in His Capacity as Clinical Chief, Dep't of Gynecology/obstetrics, Child.'s Hosp. of Buffalo Millard Fillmore Hosp., Gates Circle Michael J. Cohen, Individually, & in His Capacity as a Former Member of the Credentials Comm., Child.'s Hosp. of Buffalo Ted Jewett, Individually, & in His Capacity as a Member of the Exec. Comm., Child.'s Hosp. of Buffalo Deborah Licata, Individually, & in Her Capacity as Former Sec'y to the President of the Med. Staff Hosp. of Buffalo William Dillon, Individually, & in His Capacity as a Member of the Credentials Comm., Child.'s Hosp. of Buffalo Patricia K. Duffner, Individually, & in Her Capacity as a Former Member of the Credentials Comm., Child.'s Hosp. of Buffalo Leo A. Kane, Individually, & in His Capacity as a Former Member of the Credentials Comm., Child.'s Hosp. of Buffalo Daniel R. Pieroni, Individually, & in His Capacity as a Former Member of the Credentials Comm., Child.'s Hosp. of Buffalo Erie Cnty. Med. Ctr., Erie Cnty. Med. Ctr., Buffalo, New York Cnty. of Erie, Erie Cnty. Med. Ctr., 56 F.3d 10 (2d Cir. 1995). · Go Syfert
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67 Fair empl.prac.cas. (Bna) 1679, 31 fed.r.serv.3d 1375 Mahmood M. Yoonessi, M.D. v. State Univ. of New York, at Buffalo Steven B. Sample, Individually, & in His Capacity as Former President, State Univ. of New York at Buffalo William R. Greiner, Individually, & in His Capacity as President, State Univ. of New York at Buffalo John P. Naughton, Individually, & in His Capacity as Dean & Vice President for Academic Affairs, Sch. of Med., State Univ. of New York at Buffalo Myroslaw M. Hreshchyshyn, Individually, & in His Capacity as Chair, Dep't of Gynecology & Obstetrics & Adm'r of the Jt. Venture, State Univ. of New York at Buffalo & as Chair, Dep't of Gynecology & Obstetrics, Millard Fillmore Hosp. Antonina Canazzi, Individually, & in Her Capacity as Assistant to the Chair, Dep't of Gynecology & Obstetrics, State Univ. of Buffalo, Child.'s Hosp. Child.'s Hosp. of Buffalo Robert Paterson, Individually, & in His Capacity as Clinical Chief, Dep't of Gynecology/obstetrics, Child.'s Hosp. of Buffalo Millard Fillmore Hosp., Gates Circle Michael J. Cohen, Individually, & in His Capacity as a Former Member of the Credentials Comm., Child.'s Hosp. of Buffalo Ted Jewett, Individually, & in His Capacity as a Member of the Exec. Comm., Child.'s Hosp. of Buffalo Deborah Licata, Individually, & in Her Capacity as Former Sec'y to the President of the Med. Staff Hosp. of Buffalo William Dillon, Individually, & in His Capacity as a Member of the Credentials Comm., Child.'s Hosp. of Buffalo Patricia K. Duffner, Individually, & in Her Capacity as a Former Member of the Credentials Comm., Child.'s Hosp. of Buffalo Leo A. Kane, Individually, & in His Capacity as a Former Member of the Credentials Comm., Child.'s Hosp. of Buffalo Daniel R. Pieroni, Individually, & in His Capacity as a Former Member of the Credentials Comm., Child.'s Hosp. of Buffalo Erie Cnty. Med. Ctr., Erie Cnty. Med. Ctr., Buffalo, New York Cnty. of Erie, Erie Cnty. Med. Ctr., 56 F.3d 10 (2d Cir. 1995). Cases Citing This Book View Copy Cite
“where there are several ways to violate a criminal statute, . . . federal pleading requires that an indictment charge in the conjunctive to inform the accused fully of the charges.”
18 citation events (13 in the last 25 years) across 9 distinct courts.
Strongest positive: United States v. Dzionara-Norsen (ca2, 2024-01-18)
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Dzionara-Norsen
2d Cir. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
where there are several ways to violate a criminal statute, . . . federal pleading requires that an indictment charge in the conjunctive to inform the accused fully of the charges.
discussed Cited as authority (rule) Richard v. City and County of San Francisco
N.D. Cal. · 2021 · confidence medium
Co. v. Thompson, 56 F.3d 10 476, 483 (3d Cir. 1995)). 11 First, Defendant’s general argument that disclosure will “impact[] the individual privacy 12 interests of Officer Stangel, other defendant officers, and third-party witnesses,” (Dkt.
discussed Cited as authority (rule) Ubs Fin. Servs. Inc. v. West Virginia Univ. Hosps., Inc.
2d Cir. · 2011 · confidence medium
Id. 8 Although UBS is indisputably a “member” under the Code, neither FINRA nor the courts 9 have “offer[ed] [a] precise definition of ‘customer.’” Oppenheimer & Co. v. Neidhardt, 56 F.3d 10 352, 357 (2d Cir. 1995).
discussed Cited as authority (rule) Ubs Fin. Servs. Inc. v. West Virginia Univ. Hosps., Inc.
2d Cir. · 2011 · confidence medium
Id. 8 Although UBS is indisputably a “member” under the Code, neither FINRA nor the courts 9 have “offer[ed] [a] precise definition of ‘customer.’” Oppenheimer & Co. v. Neidhardt, 56 F.3d 10 352, 357 (2d Cir. 1995).
discussed Cited "see, e.g." Romero v. Synergy Restoration LLC
D. Ariz. · 2025 · signal: see also · confidence medium
DISCUSSION 5 A. Eligibility for and Entitlement to Attorneys’ Fees 6 For the purposes of the FLSA, the prevailing party is the one that “succeed[ed] on 7 any significant issue in litigation which achieves some of the benefit the part[y] sought in 8 bringing suit.” Hensley v. Eckerhart, 461 U.S. 424, 433 (1983) (quoting Nadeau v. 9 Helgemoe, 581 F.2d 275 , 278–79 (1st Cir. 1978)); see also Haworth v. Nevada, 56 F.3d 10 1048, 1052 (9th Cir. 1995) (applying the Hensley standard to analysis of whether the 11 plaintiff is the prevailing party in an FLSA case).
cited Cited "see, e.g." (PC) Mackey v. Government Claims Program
E.D. Cal. · 2021 · signal: see also · confidence medium
Id.; see also Crawford, 56 F.3d 10 at 1165; Brinkman v. Rahm, 878 F.2d 263, 265 (9th Cir.1989).
discussed Cited "see, e.g." Bland v. New York
E.D.N.Y · 2003 · signal: see also · confidence medium
Pikulin v. City University of New York, 176 F.3d 598, 600-601 (2d Cir.1999)(stating that court would have affirmed dismissal of § 1981 claims against CUNY on Eleventh Amendment grounds if there were sufficient factual basis in record on which to find that CUNY was arm of the State); see also Yoonessi v. State University of New York, 56 F.3d 10, 12 (2d Cir.1995)(denying party permission to appeal from decision of magistrate, affirmed by district judge, that dismissed § 1981 claim on either Eleventh Amendment grounds or on basis of failure to state a claim).
discussed Cited "see, e.g." Hill v. Taconic Developmental Disabilities Services Office
S.D.N.Y. · 2002 · signal: see also · confidence low
See also Yoonessi v. State Univ. of New York, 56 F.3d 10 , 12 (2d Cir.), cert. denied, 516 U.S. 1075 , 116 S.Ct. 779 , 133 L.Ed.2d 730 (1996) (affirming dismissal of 1981 claim on Eleventh Amendment grounds); Allen v. Cuomo, 100 F.3d 253, 260-61 (2d Cir.1996) (affirming dismissal of 1983 claim on Eleventh Amendment grounds).
discussed Cited "see, e.g." Daniel v. American Board of Emergency Medicine
W.D.N.Y. · 1997 · signal: see, e.g. · confidence low
See, e.g., Yoonessi v. State University of New York, 862 F.Supp. 1005, 1012 (W.D.N.Y.1994), lv. to appeal denied, 56 F.3d 10 (2d Cir.1995) (claims against State University of New York entities were dismissed on Eleventh Amendment grounds); Dube v. State University of New York, 900 F.2d 587, 594 (2d Cir.1990) (SUNY is an integral part of the government of the state of New York and when it is sued New York is the real party in interest), cert. denied sub nom., Wharton v. Dube, 501 U.S. 1211 , 111 S.Ct. 2814 , 115 L.Ed.2d 986 (1991); Meadows v. State University of New York at Oswego, 160 F.R.D. 8…
discussed Cited "see, e.g." Joann S. Reed, Plaintiff-Appellee-Cross-Appellant v. A.W. Lawrence & Co., Inc., Defendant-Appellant-Cross-Appellee (2×)
2d Cir. · 1996 · signal: see also · confidence low
See 42 U.S.C. § 2000e-5(e)(1) (1994); 29 C.F.R. § 1601.13 (a) (EEOC’s deferral policy and procedures); 29 C.F.R. § 1601.74 (1995) (SDHR accepted as a “deferral agency”); see also Yoonessi v. State University of New York, 862 F.Supp. 1005, 1013 (W.D.N.Y.1994), appeal denied, 56 F.3d 10 (2d Cir.1995), ce rt. denied, — U.S. -, 116 S.Ct. 779 , 133 L.Ed.2d 730 (1996).
Retrieving the full opinion text from the archive…
67 Fair empl.prac.cas. (Bna) 1679, 31 fed.r.serv.3d 1375 Mahmood M. Yoonessi, M.D.
v.
State University of New York, at Buffalo Steven B. Sample, Individually, and in His Capacity as Former President, State University of New York at Buffalo William R. Greiner, Individually, and in His Capacity as President, State University of New York at Buffalo John P. Naughton, Individually, and in His Capacity as Dean and Vice President for Academic Affairs, School of Medicine, State University of New York at Buffalo Myroslaw M. Hreshchyshyn, Individually, and in His Capacity as Chair, Department of Gynecology and Obstetrics and Administrator of the Joint Venture, State University of New York at Buffalo and as Chair, Department of Gynecology and Obstetrics, Millard Fillmore Hospital Antonina Canazzi, Individually, and in Her Capacity as Assistant to the Chair, Department of Gynecology and Obstetrics, State University of Buffalo, Children's Hospital Children's Hospital of Buffalo Robert Paterson, Individually, and in His Capacity as Clinical Chief, Department of Gynecology/obstetrics, Children's Hospital of Buffalo Millard Fillmore Hospital, Gates Circle Michael J. Cohen, Individually, and in His Capacity as a Former Member of the Credentials Committee, Children's Hospital of Buffalo Ted Jewett, Individually, and in His Capacity as a Member of the Executive Committee, Children's Hospital of Buffalo Deborah Licata, Individually, and in Her Capacity as Former Secretary to the President of the Medical Staff Hospital of Buffalo William Dillon, Individually, and in His Capacity as a Member of the Credentials Committee, Children's Hospital of Buffalo Patricia K. Duffner, Individually, and in Her Capacity as a Former Member of the Credentials Committee, Children's Hospital of Buffalo Leo A. Kane, Individually, and in His Capacity as a Former Member of the Credentials Committee, Children's Hospital of Buffalo Daniel R. Pieroni, Individually, and in His Capacity as a Former Member of the Credentials Committee, Children's Hospital of Buffalo Erie County Medical Center, Erie County Medical Center, Buffalo, New York County of Erie, Erie County Medical Center
1312.
Court of Appeals for the Second Circuit.
May 30, 1995.
56 F.3d 10
Published

56 F.3d 10

67 Fair Empl.Prac.Cas. (BNA) 1679, 31
Fed.R.Serv.3d 1375
Mahmood M. YOONESSI, M.D., Plaintiff-Appellant,
v.
STATE UNIVERSITY OF NEW YORK, at Buffalo; Steven B. Sample,
Individually, and in his capacity as former President, State
University of New York at Buffalo; William R. Greiner,
Individually, and in his capacity as President, State
University of New York at Buffalo; John P. Naughton,
Individually, and in his capacity as Dean and Vice President
for Academic Affairs, School of Medicine, State University
of New York at Buffalo; Myroslaw M. Hreshchyshyn,
Individually, and in his capacity as Chair, Department of
Gynecology and Obstetrics and Administrator of the Joint
Venture, State University of New York at Buffalo and as
Chair, Department of Gynecology and Obstetrics, Millard
Fillmore Hospital; Antonina Canazzi, Individually, and in
her capacity as Assistant to the Chair, Department of
Gynecology and Obstetrics, State University of Buffalo,
Children's Hospital; Children's Hospital of Buffalo;
Robert Paterson, Individually, and in his capacity as
Clinical Chief, Department of Gynecology/Obstetrics,
Children's Hospital of Buffalo; Millard Fillmore Hospital,
Gates Circle; Michael J. Cohen, Individually, and in his
capacity as a former member of the Credentials Committee,
Children's Hospital of Buffalo; Ted Jewett, Individually,
and in his capacity as a member of the Executive Committee,
Children's Hospital of Buffalo; Deborah Licata,
Individually, and in her capacity as former Secretary to the
President of the Medical Staff Hospital of Buffalo; William
Dillon, Individually, and in his capacity as a member of
the Credentials Committee, Children's Hospital of Buffalo;
Patricia K. Duffner, Individually, and in her capacity as a
former member of the Credentials Committee, Children's
Hospital of Buffalo; Leo A. Kane, Individually, and in his
capacity as a former member of the Credentials Committee,
Children's Hospital of Buffalo; Daniel R. Pieroni,
Individually, and in his capacity as a former member of the
Credentials Committee, Children's Hospital of Buffalo; Erie
County Medical Center, Erie County Medical Center, Buffalo,
New York; County of Erie, Erie County Medical Center,
Defendants-Appellees.

No. 1312, Docket 94-7974.

United States Court of Appeals,
Second Circuit.

Argued May 24, 1995.
Decided May 30, 1995.

Mahmood M. Yoonessi, M.D., Buffalo, NY, plaintiff-appellant pro se.

Denise A. Hartman, Asst. Atty. Gen., Albany, NY (Dennis C. Vacco, Atty. Gen. of the State of N.Y., Peter H. Schiff, Deputy Sol. Gen., Nancy A. Spiegel, Asst. Atty. Gen., Albany, NY, on the brief), for defendants-appellees State University of New York, Steven B. Sample, William R. Greiner, John P. Naughton, Antonina Canazzi, and Myroslaw M. Hreshchyshyn.

Kenney, Kanaley, Shelton, Notaro, Liptak & Laing, Buffalo, NY (Linda Callahan Laing, Michael J. Kanaley, Jr., Buffalo, NY, of counsel), submitted a brief for defendants-appellees Children's Hosp. of Buffalo, Robert Paterson, Michael J. Cohen, Ted Jewett, Deborah Licata, William Dillon, Patricia K. Duffner, Leo A. Kane, and Daniel R. Pieroni.

Falk & Siemer, Buffalo, NY (Mary K. Roach, Buffalo, NY, of counsel), submitted a brief for defendants-appellees Millard Fillmore Hosp., Gates Circle, and Myroslaw M. Hreshchyshyn.

Kenneth A. Schoetz, Erie County Atty., Buffalo, NY (Timothy J. Trost, Asst. County Atty., Buffalo, NY, of counsel), submitted a brief for defendants-appellees Erie County Medical Center and Erie County.

Before: VAN GRAAFEILAND, KEARSE, and CALABRESI, Circuit Judges.

PER CURIAM:

[*~10]1

Plaintiff Mahmood M. Yoonessi, M.D., who was initially represented by counsel in the district court but appears here pro se, has filed a notice of appeal from a final judgment of the United States District Court for the Western District of New York, Richard J. Arcara, Judge, affirming the final judgment of Magistrate Judge Carol E. Heckman, to whom the matter was referred on consent of the parties, see 28 U.S.C. Sec. 636(c) (1988), dismissing the complaint asserting claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e et seq. (1988 & Supp. III 1991) ("Title VII"), and 42 U.S.C. Secs. 1981, 1983, and 1985 (1988). The decision of the magistrate judge, which was affirmed on appeal to the district judge, principally dismissed plaintiff's claims against state entities on the ground of Eleventh Amendment immunity; dismissed the Title VII claims on the ground that plaintiff had failed to comply with the statutory prerequisite of filing his claim with the appropriate administrative agency; and dismissed the claims under 42 U.S.C. Secs. 1981, 1983, and 1985 on statute-of-limitations grounds. Plaintiff seeks review of these decisions.

2

Where a final judgment entered on the decision of the magistrate judge has been appealed to a district judge, the final judgment entered on the district judge's decision "may be reviewed by the appropriate United States court of appeals upon petition for leave to appeal by a party stating specific objections to the judgment." 28 U.S.C. Sec. 636(c)(5); see Fed.R.App.P. 5.1(a). The party seeking review is required to file a petition for leave to appeal; that requirement is not satisfied by the filing of a notice of appeal. Moore McCormack Lines, Inc. v. International Terminal Operating Co., 784 F.2d 1542, 1544 (1986). The filing of a notice of appeal instead of the required petition for leave to appeal is not a jurisdictional defect, however, and we have discretion to treat the notice of appeal as such a petition. See id.

[*~11]3

In the present matter, in seeking review of the judgment of the district judge affirming the decision of the magistrate judge, plaintiff filed a notice of appeal rather than a petition for leave to appeal. Although this defect may perhaps be explainable by the fact that, in consenting to have the case referred to a magistrate judge, the parties stipulated that the decision of the magistrate judge could be appealed to both a district judge and this Court, that stipulation could not confer jurisdiction on this Court or compel this Court to accept the appeal following an appeal to a district judge. Nonetheless, having seen no indication that plaintiff has acted in bad faith or for purposes of delay, or that defendants will suffer any prejudice, we exercise our discretion to treat the notice of appeal as a petition for leave to appeal, and we turn to the merits of the petition.

4

"An appeal on petition for leave to appeal is not a matter of right, but its allowance is a matter of sound judicial discretion." Fed.R.App.P. 5.1(a). We would grant such a petition in order to consider issues that "may have some jurisprudential significance," see Moore McCormack Lines, Inc. v. International Terminal Operating Co., 784 F.2d at 1545, as where the magistrate judge and the district court have reached inconsistent conclusions as to what law applies, see id. at 1544, or where the magistrate judge and district court have decided a controlling question of law that has not been settled by this Court, or where there is a substantial likelihood that the decision of the district court is contrary to established precedent of this Court, see generally Keller v. Petsock, 849 F.2d 839, 844 n. 8 (3d Cir.1988) (petition should be granted only if it raises substantial issues of law); Pushard v. Russell, 815 F.2d 1, 2 (1st Cir.1987) (mem.) (same), cert. denied, 485 U.S. 965, 108 S.Ct. 1236, 99 L.Ed.2d 435 (1988); Adams v. Heckler, 794 F.2d 303, 309-10 (7th Cir.1986) (same); Penland v. Warren County Jail, 759 F.2d 524, 529 (6th Cir.1985) (en banc) (same). See also Fuente Cigar, Ltd. v. Roadway Express, Inc., 925 F.2d 370, 373 (11th Cir.1991) (per curiam) (petition may on occasion be granted where the magistrate judge has made findings of fact that the district court has found are clearly erroneous).

[*~12]5

The present case does not meet these standards. The legal principles applied by the magistrate judge and the district court are well established; the issues raised by plaintiff are not substantial. Accordingly, we deny the petition for leave to appeal.