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Patricia J. Curto v. Erie County Water Authority, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 24-29 · judgment January 8, 2025


Certiorari denied · January 26, 2026
Pre-decision estimate: 0% cert probability

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

Question presented

PETITION FOR WRIT OF CERTIORARI QUESTION (additional questions see below) Assuming the Rule of Law exist, have you ever seen a case that deviates so far from the Rule of Law? For example (including but not limited t,o): Plaintive/petitioner received essential government service from Erie County Water Authority 4/20/2006 - 3/21/2017 Defense counsel/defendants without proof, alleged a letter was sent registered mailed to the previous customer (who at the time was long deceased) and when the deceased previous customer did not go to the post office and sign for the letter it was returned to ECWA. The Court of Appeals decided this letter provided plaintiff with notice, due process etc when the ECWA terminated her service a year later (3/21/2017). Notably ECWA (superseding) written “notice” (different) reason alleged an unnamed nonexistent customer, did not call between 3/1/2017 and 3/11/2017, an incorrect ECWA phone number provided and which no employees were answering, regarding the unnamed nonexistent customer’s nonexistent application for water service. The ECWA waited 5’/2 years after termination and for the first time in their Rule 56 motion, claimed 3/1/2017 “notice” was an inadvertent error. ECWA has not to date corrected the alleged inadvertent error; has not restore essential service to date; and plaintiff remains homeless. The Court of Appeals denied appeal of WDNY granting ECWA Rule 56 motion, deciding in part Cuto had received due process, notice etc..

Counsel of record

For petitioner
Patricia J. Curto

For respondent
James D. Macri
Goldberg Segalla LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. May 04 2026
    Rehearing DENIED.
  2. Apr 15 2026
    DISTRIBUTED for Conference of 5/1/2026.
  3. Feb 20 2026
    Petition for Rehearing filed.
  4. Jan 26 2026
    Petition DENIED.
  5. Jan 07 2026
    DISTRIBUTED for Conference of 1/23/2026.
  6. Dec 30 2025
    Waiver of right of respondent Erie County Water Authority, et al. to respond filed.
  7. Jul 01 2025
    Petition for a writ of certiorari filed. (Response due January 5, 2026)