Harold Peter Burke

United States District Court for the Western District of New York district Deceased · served 1937–1981 Appointed by Franklin D. Roosevelt (Democratic) 25 signed orders read

Judge Burke no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Burke decides

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

What persuades

Burke required a clear absence of any genuine factual issue before using summary judgment to end a case.

“It is never warranted except upon a clear showing that no genuine issue as to any material fact remains for trial.”

For document production, Burke required facts demonstrating need rather than bare statements that the material was necessary.

“So far nothing has been stated as cause for the relief sought except bare legal conclusions.”

Procedural preferences

Burke directed parties to interrogatories, depositions, and discovery for trial evidence rather than expanding a bill of particulars.

“Particular information necessary upon the trial should be procured under the rules relating to interrogatories, depositions and discovery.”

Signed rulings

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

In re Reigel
· 1937-12-10
Application for leave to file objections (creditor) Denied

“Since the time for filing specifications of objection has expired, no further objections may be filed.”

Buck v. Virgo
· 1938-02-08
Motions to dismiss (defendants) Denied

“The motion to dismiss the bills should be denied.”

In re Finger Lakes Land Co.
· 1939-07-24
Motion to intervene (creditor) Denied

“The motion is denied.”

Knupfer v. Albertson & Co.
· 1940-03-15
Motion for bill of particulars (defendant) Granted in part

“Except as indicated the motion is denied. Particulars ordered may be furnished within 10 days.”

Shultz v. Manufacturers & Traders Trust Co.
· 1940-09-17
Summary judgment (defendants) Denied

“The motion for summary judgment is denied.”

Rucienski v. Vanadium Corp. of America
· 1943-12-24
Motion to amend (plaintiff) Granted

“The motion is granted.”

Bowles v. Camillaci
· 1943-12-30
Application for civil contempt (applicant) Denied

“The proceeding must be construed as one to punish for civil contempt and as such should be dismissed.”

United States v. Lombard
· 1944-02-01
Motion to dismiss indictment (defendants) Denied

“The motion is denied.”

United States v. Woodworth
· 1945-04-17
Summary judgment (plaintiff) Denied

“Plaintiff’s motion for summary judgment is denied. Defendants’ motions for judgment on the pleadings are denied.”

Judgment on the pleadings (defendants) Denied
Mahar v. Gartland S. S. Co.
· 1945-07-07
Summary judgment (defendant) Granted

“Motion granted.”

In re Burdick
· 1945-09-14
Petition to review referee order (creditor) Denied

“The order of the Referee vacating his previous order, and reopening the default, was in the exercise of his discretion and should be confirmed.”

Bennett v. New York Cent. R.
· 1949-02-11
Motion for discovery and inspection (plaintiff) Granted in part

“The plaintiff may have an order requiring the defendant to produce and permit the inspection and copying of the reports and statements made by fellow workers of the decedent concerning his physical condition from the time of the accident to his death.”

Caseload & timing

From public federal docket records for this judge.

No assigned electronic docket sample was available for a historical caseload description.

A historical record

Judge Burke no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.