Thomas J. McAvoy

How Judge McAvoy rules, drawn from 13 signed orders. Every observation links to the order it came from.

Court
United States District Court for the Northern District of New York
Position
District judge
Status
Senior status
Appointed by
Ronald Reagan (Republican)
Commissioned
March 4, 1986
Education
Villanova University, A.B. (1960); Albany Law School, J.D. (1964)
Signed orders read
13

About Judge McAvoy

Thomas James McAvoy is a judge of the United States District Court for the Northern District of New York. Appointed by President Ronald Reagan, Judge McAvoy received a commission on March 4, 1986. Judge McAvoy assumed senior status on September 17, 2003.

Judge McAvoy's practices and standing orders

The court's website lists no individual practices or standing orders of Judge McAvoy's own (checked October 12, 2026), so the court's local rules and general orders are the place to look (court page ↗).

Standing orders for every case in this court

Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 9, 2026).

Key rules from these orders · The court's local rules ↗

How Judge McAvoy decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Dismisses claims under statutes that provide no private right of action, such as the Medicare Act or Elder Justice Act, with prejudice, and finds private-hospital care does not create federal-question jurisdiction.

“Defendants' motions to dismiss, dkt. # 23 and 25, are hereby GRANTED. The motions are hereby GRANTED without prejudice to the extent described above”

Procedural preferences

In New York Labor Law wage cases, dismisses a Section 195(3) wage-statement claim where the paystubs already contain the statutory data, while holding Section 191 frequency-of-pay claims privately actionable.

“Defendant's motion to dismiss, Dkt. No. 12, is GRANTED in part and DENIED in part”

Cautions

A material fact dispute over whether prison threats made grievance remedies unavailable defeats summary judgment on PLRA exhaustion.

“ORDERED that Defendants' motion for summary judgment (Dkt. No. 70) is GRANTED in part and DENIED in part”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Messa v. LeClaire
9:03-cv-01385-TJM-DRH · 2007-08-04
Summary judgment (defendant) Granted in part

“ORDERED that Defendants' motion for summary judgment (Dkt. No. 70) is GRANTED in part and DENIED in part”

Kampfer v. Nathan Littauer Hospital
1:22-cv-01235-TJM-ML · 2023-07-28
Motions to dismiss (defendant) Granted

“Defendants' motions to dismiss, dkt. # 23 and 25, are hereby GRANTED. The motions are hereby GRANTED without prejudice to the extent described above”

Mabe v. Wal-Mart Associates, Inc. (initial MTD)
1:20-cv-00591-TJM-CFH · 2021-03-18
Motions to dismiss (defendant) Granted in part

“Defendant's motion to dismiss, Dkt. No. 12, is GRANTED in part and DENIED in part”

Mabe v. Wal-Mart Associates, Inc. (renewed MTD)
1:20-cv-00591-TJM-CFH · 2022-03-24
Motions to dismiss (defendant) Denied

“Defendant's renewed motion to dismiss the First Cause of Action, Dkt. No. 23, is DENIED”

United States v. $18,695 in U.S. Currency
1:21-cv-00395-TJM-CFH · 2022-01-26
Default judgment (plaintiff) Granted

“ORDERED that the Motion [Dkt. No. 11] is GRANTED; and it is further ORDERED that Judgment of Default be entered against the defendant property”

United States v. Odimegwu
1:23-cv-00340 · 2023-08-08
Writ of garnishment (United States) Granted

“The objections of Defendant Anthony I. Odimegwu and Third-Party Defendant Ebelechukwu Odimegwu to the government's writ of garnishment directed at property of Defendant held by the Vanguard Group, Inc., dkt. #s 11-12, are hereby OVERRULED.”

Dejavonte B. v. Kijakazi
5:22-cv-01206 · 2023-10-06
Social security appeal (plaintiff) Denied

“Defendant's motion for judgment on the pleadings, dkt. # 11, is hereby GRANTED. Plaintiff's motion for judgment on the pleadings, dkt. # 9, is hereby DENIED.”

Zurich American Insurance Company v. Niagara Mohawk Power Corporation
5:21-cv-00374-TJM-ATB · 2023-11-29
Summary judgment (defendant) Granted

“Defendant’s motion for summary judgment, dkt. # 70, is hereby GRANTED.”

Aqil Al-Shimary v. State University of New York at Binghamton
3:22-cv-01282-TJM-ML · 2023-10-30
Motions to dismiss (defendant) Granted in part

“Defendants’ motion to dismiss, dkt. # 10, is hereby GRANTED in part and DENIED in part. The motion is granted with respect to Plaintiff’s NYSHRL claims against the University and with respect to any Title VII claims against the individual Defendants. The motion is denied in all other respects.”

Colleen T. Puleo v. Masonic Medical Research Institute
6:20-cv-01593-TJM-ATB · 2023-09-28
Summary judgment (defendant) Granted

“Defendants’ motion for summary judgment, ECF No. 41, is GRANTED.”

Christopher E. Robinson v. Michael Wright
5:21-cv-01098-TJM-ML · 2023-09-19
Motions to dismiss (defendant) Granted

“Defendants’ motion to dismiss Plaintiff’s Fourteenth Amendment due process claims against Defendants, ECF No. 31, is GRANTED. These claims are DISMISSED without prejudice to being brought in a new action if Plaintiff can establish that his parole revocation determination or Case 5:21-cv-01098-TJM-ML Document 43 Filed 09/19/23 Page 11 of 12 12 subsequent sentence have been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court's issuance of a writ of habeas corpus.”

Summary judgment (plaintiff) Moot / procedural

“Plaintiff’s motion for summary judgment, ECF No. 39, is DENIED as moot.”

Najiy-Ullah Aziyz v. Cameca, Inc.
1:22-cv-00579-ECC-ML · 2023-09-18
Motions to dismiss (defendant) Granted in part

“- that much of Defendants’ motion (Dkt. No. 31) brought pursuant to Fed. R. Civ. P. 12(b)(6) is GRANTED in part and DENIED in part. This aspect of the motion is granted to the extent that all claims against Turnbull, Stroud, and LeDuigou are dismissed without prejudice for lack of personal jurisdiction; Count II is dismissed without prejudice to Plaintiff moving for leave to replead this claim; Counts III, IV, V, VI, and VII are dismissed with prejudice, and this aspect of the motion is denied as to Count I.”

Caseload & timing

From public federal docket records for this judge.

Median case duration in the sampled dockets: 89.5 days (N = 20).

Median motion-to-ruling time: 339 days (N = 2).

The reviewed 2018 filings span prisoner civil-rights and habeas matters, consumer-credit claims, education and disability-access disputes, employment cases, Social Security appeals, diversity torts, contract and arbitration disputes, and trademark litigation. Many civil matters proceeded through magistrate-judge referrals.

Pending matters in the official report

Reported by the Administrative Office of the U.S. Courts under the Civil Justice Reform Act, as of March 31, 2026.

Motions pending more than six months0
Bench trials submitted more than six months0
Bankruptcy appeals pending more than six months0
Social Security appeals pending more than six months0
Civil cases pending more than three years0
ReportMotions over six monthsCases over three years
Mar 202600
Sep 2025139
Mar 202557
Sep 2024148
Mar 20241814
Sep 2023322
Mar 2023023
Sep 2022322
Mar 2022425
Sep 2021118
Mar 2021121
Sep 2020019

A snapshot on that date: matters listed may since have been decided or reassigned. A motion referred to a magistrate judge is counted for both judges. Motions in multidistrict litigation, section 2255 cases and Social Security appeals are not counted, and a very large three-year count is generally a multidistrict docket. Source: Appendix A of the report (PDF); about the report.

How long civil cases take in this court

For the whole of United States District Court for the Northern District of New York, not for Judge McAvoy: median time from filing to disposition of the civil cases the court closed in the 12 months ending September 30, 2025, as reported by the Administrative Office of the U.S. Courts.

CasesMedian time
All civil cases closed1,3028.4 months
Closed with no court action2274.2 months
Closed before pretrial7967.4 months
Closed during or after pretrial26717.2 months
Closed during trial1253.8 months
12 months endingCases closedMedian time
Sep 20251,3028.4 months
Sep 20241,3937.7 months
Sep 20231,2497.9 months
Sep 20221,44412 months
Sep 20211,12010.2 months
Sep 20201,1958.6 months
Sep 20191,1879 months

The table leaves out prisoner petitions, land condemnations, deportation reviews, recovery of overpayments and enforcement of judgments, and reports no median for fewer than 10 cases. A district that closed a large multidistrict litigation in the period shows very large counts and long medians for that year. Source: Table C-5, U.S. District Courts (spreadsheet).

Draft for Judge McAvoy with the record in hand

Ezel grounds your drafting and research in this profile: what has persuaded Judge McAvoy, and what has not, cited to the signed orders.

Opens in Ezel Pro.

  • Grounded in Judge McAvoy's own signed orders
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace