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Brian Burke v. Housing and Services, Inc., et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 23-635 · judgment May 16, 2024


Certiorari denied · April 28, 2025
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

  1. Can Standing for a constitutional question (NYS Labor Law 190) be defeated by Judicial Error

  2. Can RICO claims be defeated by Judicial Error, without apparent remedy? TABLE OF CONTENTS Page Cover i Questions Presented u Table of Contents ll Petition for a Writ of Certiorari 1 Opinions Below 1 Jurisdiction 1 Statutory Provisions Involved 1 Statement of Case 1-12 Reasons to Grant Writ 12-14 Conclusion 14 Appendix 14....91 Second Circuit Order 14...19 SC Order on Rehearing 20 SDNY Order 2nd R&R/ 21..43 SDNY Order on first R&R...44...59 SDNY R&R 2n<* 58...75 SDNY R&R 1st. ,75...91 u

Counsel of record

For petitioner
Brian Burke

For respondent
Robert Kenneth Drinan
New York City Transit Authority

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 28 2025
    Petition DENIED.
  2. Apr 09 2025
    DISTRIBUTED for Conference of 4/25/2025.
  3. Apr 01 2025
    Waiver of right of respondent New York City Transit Authority to respond filed.
  4. Mar 28 2025
    Waiver of right of respondents NYS Attorney General; City University of NY to respond filed.
  5. Mar 20 2025
    Waiver of right of respondents Housing and Services, Inc., Kenmore Housing Development Fund Corporation, Kenmore Housing Corporation and Kenmore Associate, L.P. to respond filed.
  6. Sep 26 2024
    Petition for a writ of certiorari filed. (Response due March 28, 2025)