Judges Guido Calabrese, Richard C. Wesley, and Gerard E. Lynch of the U. S. Appeals Court for the Second Circuit decided the appeal on February 9, 2011.  They decided that “Upon due consideration it is hereby ordered, adjudged, and decreed that the judgment of the district court is affirmed.” In their opinion, they stated:

    “In determining whether there are genuine issues of material fact, we are ‘required to resolve all ambiguities and draw all permissible factual inferences in favor of the party against whom summary judgment is sought’ Terry v. Ashcroft, 336 F.3d 128, 137 (2d Cir. 2003). However, ‘conclusory statements or mere allegations are not sufficient to defeat a summary judgment motion.’ (Davis v. New York, 316 F.3d 93, 100 (2d Cir 2002).”

    “Having conducted an independent and de novo review of the record in light of these principles, we affirm the district court’s judgment for sor substantially the same reasons stated by the district court in its thorough and well-reasoned decision.”

    “We have considered Heicklen’s other arguments on appeal and have found them to be without merit.  Accordingly, the judgment of the district court is hereby AFFIRMED.”