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Caner Demirayak v. City of New York, New York, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 17-3709 · judgment August 24, 2018

Certiorari denied · April 22, 2019
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

This case presents a split between the circuits and conflict with this Court’s decision in Tennessee v. Lane, 541 U.S. 509 (2004), as to the fundamental right of access to the courts by persons with disabilities, including petitioner who is a wheelchair-bound trial attorney. Here, petitioner was totally denied access to a court proceeding only reachable by a staircase and continues to be forced to conduct proceedings in the hallway. This case is of great National importance as any holding remedying petitioner’s wheelchair access to the courthouse will serve to assist all others with disabilities and further promote the inclusion and integration of the disabled into society. The questions presented are:

  1. Whether a public entity may “avoid liability” under Title II of the Americans with Disabilities Act by providing “alternate accessible accommodations” without being required to demonstrate such accommodations are “effective” to afford meaningful access in an existing court facility, as mandated by Lane?

  2. Whether a circuit court may accept and rely upon facts and statements raised for the first time on appeal and in opposition to a motion for an injunction pending appeal in considering the merits of an appeal of the denial of a motion for a preliminary injunction, where such facts and statements were not

Counsel of record

For petitioner
Caner Demirayak
Law Office of Caner Demirayak, Esq., P.C.

For respondent
Lee Alan Adlerstein
New York State Office of Court Administration

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Apr 22 2019
    Petition DENIED.
  2. Apr 02 2019
    DISTRIBUTED for Conference of 4/18/2019.
  3. Mar 26 2019
    Reply of petitioner Caner Demirayak filed.
  4. Mar 20 2019
    Letter of March 13, 2019 from counsel for respondent New York State Office of Court Administration received.
  5. Mar 18 2019
    Brief of respondents State of New York and Barry Clark in opposition filed.
  6. Mar 18 2019
    Brief of the Municipal Respondents in opposition filed.
  7. Feb 04 2019
    The motions to extend the time to file responses to the petition for a writ of certiorari are granted and the time is extended to and including March 18, 2019, for all respondents.
  8. Jan 31 2019
    Motion to extend the time to file a response is granted and the time is extended to and including March 18, 2019.
  9. Jan 31 2019
    Motion to extend the time to file a response from February 14, 2019 to March 18, 2019, submitted to The Clerk.
  10. Jan 30 2019
    Motion to extend the time to file a response from February 14, 2019 to March 18, 2019, submitted to The Clerk.
  11. Jan 29 2019
    Motion to extend the time to file a response from February 14, 2019 to March 18, 2019, submitted to The Clerk.
  12. Jan 15 2019
    Response Requested. (Due February 14, 2019)
  13. Jan 02 2019
    DISTRIBUTED for Conference of 1/18/2019.
  14. Dec 19 2018
    Waiver of right of respondent New York State Office of Court Administration to respond filed.
  15. Dec 13 2018
    Waiver of right of respondents City of New York; NYC Dept of Citywide Administrative Servs; Lisette Camilo; Rick Chandler; NYC DOB; Ira Gluckman to respond filed.
  16. Dec 12 2018
    Waiver of right of respondents State of New York and Barry Clarke to respond filed.
  17. Nov 29 2018
    Petition for a writ of certiorari filed. (Response due January 2, 2019)