Allen v. Commissioner of Social Security, No. 1:2013cv01518 - Document 15 (N.D.N.Y 2014)

Court Description: DECISION and ORDER adopting 14 Report and Recommendations. It is ORDERED that Magistrate Judge Hummel's Report-Recommendation is ACCEPTED and ADOPTED in its entirety. It is further ORDERED that Plaintiff's 10 motion for judgment on the pleadings is DENIED and Defendant's 12 motion for judgment on the pleadings is GRANTED. ORDERED that the Plaintiff's 1 complaint is DISMISSED. Signed by Judge Glenn T. Suddaby on 10/15/2014. (dpk)

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Allen v. Commissioner of Social Security Doc. 15 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ LAWRENCE J. ALLEN, JR., Plaintiff, 1:13-CV-1518 (GTS/CFH) v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ________________________________________ APPEARANCES: OF COUNSEL: OFFICE OF PETER MARGLOIUS Counsel for Plaintiff 7 Howard Street Catskill, NY 12414 PETER M. MARGOLIUS, ESQ. SOCIAL SECURITY ADMINISTRATION OFFICE OF REG L GEN. COUNSEL REGION II Counsel for Defendant 26 Federal Plaza, Room 3904 New York, NY 10278 MONIKA K. CRAWFORD, ESQ. GLENN T. SUDDABY, United States District Judge DECISION and ORDER The above-captioned action comes to this Court following a Report-Recommendation by United States Magistrate Judge Christian F. Hummel, filed on August 13, 2014, recommending that Plaintiff s motion for judgment on the pleadings be denied, that Defendant s motion for judgment on the pleadings be granted, and that Plaintiff s Complaint be dismissed. (Dkt. No. 14.) Objections to the Report-Recommendation have not been filed and the time in which to do so has expired. (See generally Docket Sheet.) After carefully reviewing all of the papers herein, including Magistrate Judge Hummel s thorough Report-Recommendation, the Court can find no clear error in the Report-Recommendation. As a result, the Report-Recommendation is accepted Dockets.Justia.com and adopted in its entirety; and Plaintiff s Complaint is dismissed in its entirety. ACCORDINGLY, it is ORDERED that Magistrate Judge Hummel s Report-Recommendation (Dkt. No. 14) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that Plaintiff s motion for judgment on the pleadings (Dkt. No. 10) is DENIED; and it is further ORDERED that Defendant s motion for judgment on the pleadings (Dkt. No. 12) is GRANTED; and it is further ORDERED that Plaintiff s Complaint (Dkt. No. 1) is DISMISSED. Dated: October 15, 2014 Syracuse, New York 2

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