§Why CasetextPricing

Phelps v. Bosco et al

MOTION for Summary Judgment

23 Cited authorities

  1. Florida Power Light Co. v. Lorion

    470 U.S. 729 (1985)   Cited 1,876 times   1 Legal Analyses
    Holding that the Hobbs Act vests in the court of appeals initial judicial review authority over an NRC order denying a petition under 10 C.F.R. § 2.206 for suspension of an operating license

  2. Twum v. Immigration & Naturalization Service

    411 F.3d 54 (2d Cir. 2005)   Cited 443 times
    Stating that "[w]e have upheld the application of [the Lozada] requirements to screen ineffective assistance claims where appropriate" because "these requirements serve to deter meritless claims and to provide a basis for determining whether counsel's assistance was in fact ineffective"

  3. Huddleston v. United States

    415 U.S. 814 (1974)   Cited 332 times
    Holding that "acqui[re]" in § 922 means "to come into possession, control, or power of disposal of," and encompasses the act of redeeming a firearm by a pawnor

  4. Matter of George L

    85 N.Y.2d 295 (N.Y. 1995)   Cited 96 times
    In Matter of George L. (85 N.Y.2d 295), we stated that generally a finding of a defendant's current dangerousness for purposes of CPL 330.20(1)(c)(ii)

  5. U.S. v. Waters

    23 F.3d 29 (2d Cir. 1994)   Cited 44 times
    Holding that ex post facto challenge to statute of conviction was waived by pleading guilty without preserving the issue

  6. Matter of Francis S

    206 A.D.2d 4 (N.Y. App. Div. 1994)   Cited 17 times
    Describing petitioner's extensive past criminal and mental background

  7. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 344,855 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  8. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,220 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  9. Section 922 - Unlawful acts

    18 U.S.C. § 922   Cited 60,114 times   181 Legal Analyses
    Finding that "even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce"

  10. Rule 25 - Substitution of Parties

    Fed. R. Civ. P. 25   Cited 10,661 times   11 Legal Analyses
    Providing for the automatic substitution at the district-court level of public officers sued in their official capacities

  11. Rule 5.2 - Privacy Protection For Filings Made with the Court

    Fed. R. Civ. P. 5.2   Cited 4,162 times   8 Legal Analyses
    Stating party waives privacy protection for own information by filing not under seal

  12. Section 921 - Definitions

    18 U.S.C. § 921   Cited 4,053 times   36 Legal Analyses
    Adopting this definition

  13. Section 9.27 - Involuntary admission on medical certification

    N.Y. Mental Hyg. Law § 9.27   Cited 149 times
    Requiring certificates of "two examining physicians, accompanied by an application for the admission" of a patient

  14. Section 9.39 - Emergency admissions for immediate observation, care, and treatment

    N.Y. Mental Hyg. Law § 9.39   Cited 143 times
    Providing this right for Section 9.39 confinements

  15. Section 925A - Remedy for erroneous denial of firearm

    18 U.S.C. § 925A   Cited 74 times   1 Legal Analyses
    Stating that a plaintiff must bring an action "against the State or political subdivision responsible for providing the erroneous information"

  16. Section 9.01 - Definitions

    N.Y. Mental Hyg. Law § 9.01   Cited 74 times

    As used in this article: "in need of care and treatment" means that a person has a mental illness for which in-patient care and treatment in a hospital is appropriate. "in need of involuntary care and treatment" means that a person has a mental illness for which care and treatment as a patient in a hospital is essential to such person's welfare and whose judgment is so impaired that he is unable to understand the need for such care and treatment. "likelihood to result in serious harm" or "likely

  17. Section 25.6 - Accessing records in the system

    28 C.F.R. § 25.6   Cited 45 times
    Providing that a "Denied" response will be issued when a matching record "is found in either the NICS Index, NCIC, or III"

  18. Section 25.1 - Purpose and authority

    28 C.F.R. § 25.1   Cited 20 times

    The purpose of this subpart is to establish policies and procedures implementing the Brady Handgun Violence Prevention Act (Brady Act), Public Law 103-159 , 107 Stat. 1536. The Brady Act requires the Attorney General to establish a National Instant Criminal Background Check System (NICS) to be contacted by any licensed importer, licensed manufacturer, or licensed dealer of firearms for information as to whether the transfer of a firearm to any person who is not licensed under 18 U.S.C. 923 would

  19. Section 25.7 - Querying records in the system

    28 C.F.R. § 25.7   Cited 9 times

    (a) The following search descriptors will be required in all queries of the system for purposes of a background check: (1) Name; (2) Sex; (3) Race; (4) Complete date of birth; and (5) State of residence. (b) A unique numeric identifier may also be provided to search for additional records based on exact matches by the numeric identifier. Examples of unique numeric identifiers for purposes of this system are: Social Security number (to comply with Privacy Act requirements, a Social Security number

  20. Section 25.3 - System information

    28 C.F.R. § 25.3   Cited 8 times

    (a) There is established at the FBI a National Instant Criminal Background Check System. (b) The system will be based at the Federal Bureau of Investigation, 1000 Custer Hollow Road, Clarksburg, West Virginia 26306-0147. (c) The system manager and address are: Director, Federal Bureau of Investigation, J. Edgar Hoover F.B.I. Building, 935 Pennsylvania Avenue, NW, Washington, D.C. 20535. 28 C.F.R. § 25.3

  21. Section 643.1 - Background and intent

    N.Y. Comp. Codes R. & Regs. tit. 14 § 643.1

    (a) The Federal Brady Handgun Violence Prevention Act of 1993 (Brady Act), as amended, among other provisions, prohibits any person from selling or otherwise disposing of any firearm or ammunition to any person who has been involuntarily "committed to a mental institution" ( 18 U.S.C. section 922 [d][4]) and further prohibits any person who has been involuntarily "committed to a mental institution" from shipping or transporting in interstate or foreign commerce, or possessing in or affecting commerce