Cracco v. The City of New York et al
| Joseph Cracco |
| The City of New York, Jonathan Correa and John Doe |
| 1:2014cv08235 |
| October 15, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Nassau |
| Paul A. Crotty |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
101
OPINION & ORDER: On March 27, 2019, the Court held that the New York state gravity knife statute, codified at N.Y. Penal Law §§ 265.01(1) and 265.00(5), was unconstitutionally vague and granted summary judgment for Plaintiff Joseph Cra cco. (See ECF 91.) Defendant Cyrus R. Vance, Jr. appealed. While the appeal was pending, the New York state legislature passed, and Governor Andrew M. Cuomo signed into law, Assembly Bill 5944, which repeals N.Y. Penal Law § 265.01(1) and its prohibition on gravity knives. See Governor Cuomo Signs Legislation Ending The Legal Ban On Gravity Knives, Governor's Press Office (May 30, 2019), https://www.governor.ny.gov/news/governor-cuomo-signs-legislation-ending-legal-ban-gravitykniv es. Based on this statutory development, the Second Circuit vacated this Court's summary judgment order and remanded with instructions to dismiss the complaint. Joseph Cracco v. Cyrus R. Vance, Jr., et al., No. 19-1129-cv (2d Cir. Nov. 25, 2020). Pursuant to the Second Circuit's instructions, the Court now dismisses Cracco's complaint as moot and directs the Clerk of the Court to terminate the case. SO ORDERED. (Signed by Judge Paul A. Crotty on 11/30/2020) (ks)
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Filing
100
OPINION & ORDER re: 93 MOTION for Attorney Fees . filed by Joseph Cracco, 97 LETTER MOTION to Stay re: 93 MOTION for Attorney Fees . (letter requesting that the Court defer resolution of plaintiff's motio n for attorneys' fees pending the District Attorney's appeal addressed to Judge Pau filed by Cyrus R. Vance, Jr. On March 27, 2019, the Court granted Plaintiff's and denied Defendant's motion for summary judgment. (Dkt. 91.) On April 10, 2019, Plaintiff filed a notice of motion for attorneys' fees. (Dkt. 93.) On April 24, 2019, Defendant moved to stay the motion for attorneys' fees pending appeal. (Dkt. 97.) On April 30, 2019, Plaintiff consented to defer r esolution of the motion for attorneys' fees during the pendency of the appeal. (Dkt. 99.) The Court grants the motion to stay on the parties' consent. The Clerk of Court is directed to terminate the pending motions (Dkts. 93, 97), without prejudice to the renewal of the motion for attorneys' fees within 30 days of the Second Circuit's decision. SO ORDERED. (Signed by Judge Paul A. Crotty on 5/1/19) (yv)
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Filing
91
OPINION & ORDER re: 62 MOTION for Summary Judgment . filed by Cyrus R. Vance, Jr., 69 MOTION for Partial Summary Judgment in connection with the Ninth Cause of Action as pleaded in the Amended Complaint. filed by Joseph Cracco. The Court GRANTS Plaintiff's and DENIES Defendant's motion for summary judgment. The Clerk of Court is directed to close the motions at Dkts. 62 and 69, enter judgment in favor of Plaintiff and against Defendant on the Ninth Cause of Action, and close the case. SO ORDERED. (Signed by Judge Paul A. Crotty on 3/27/19) (yv) Transmission to Orders and Judgments Clerk for processing.
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Filing
83
OPINION AND ORDER re: 62 MOTION for Summary Judgment . filed by Cyrus R. Vance, Jr., 69 MOTION for Partial Summary Judgment in connection with the Ninth Cause of Action as pleaded in the Amended Complaint. filed by Joseph Cracco. The Court stays this action pending the Second Circuit's decision in Copeland. The Clerk of Court is directed to terminate the pending cross-motions for summary judgment (ECF 62, 69), without prejudice to its renewal within 30 days of the Second Circuit's decision. So Ordered., (Case stayed.) (Signed by Judge Paul A. Crotty on 3/2/18) (yv)
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Filing
46
OPINION AND ORDER re: 39 MOTION for Reconsideration. Motion denied. See pdf. (Signed by Judge Paul A. Crotty on January 28, 2016) (mov)
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Filing
38
OPINION AND ORDER: The Court DENIES the motion to dismiss. The Clerk is directed to terminate the motion at Docket No. 22. The parties are directed to submit a civil-case management plan by January 8, 2016. (Signed by Judge Paul A. Crotty on 12/9/2015) (cdo)
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Filing
37
OPINION AND ORDER re: 25 MOTION to Dismiss . filed by The City of New York, Jonathan Correa. The Court GRANTS the City defendants' motion to dismiss all claims against the City of New York, Officer Correa, and the unnamed of ficer. Causes of Action I- VIII of the Amended Complaint are DISMISSED with prejudice. The Clerk is directed to terminate the motion at Docket No. 25. (As further set forth in this Order), The City of New York, Jonathan Correa (Shield 7869, Transit Division District 4) and John Doe (a fictitious name) terminated. (Signed by Judge Paul A. Crotty on 11/4/2015) (lmb)
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