Yackel v. Barnhart, No. 5:2006cv00626 - Document 15 (N.D.N.Y 2009)

Court Description: DECISION & ORDER accepting and adopting in whole the 14 Report and Recommendations of Magistrate Judge Bianchini; Deft's motion for judgment on the pleadings is DENIED; Pltf's cross-motion for judgment on the pleadings is DENIED in part and GRANTED in part; and this matter is REMANDED to the Commissioner for further proceedings consistent w/the Report-Recommendation. Signed by Judge David N. Hurd on 5/7/2009. (see)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------STEPHEN M. YACKEL, Plaintiff, vs 5:06-CV-626 MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant. --------------------------------APPEARANCES: OF COUNSEL: IACONIS, IACONIS & BAUM Attorneys for Plaintiff 282 Genesee Street P.O. Box 250 Chittenango, New York 13037 PAUL F. IACONIS, ESQ. SOCIAL SECURITY ADMINISTRATION OFFICE OF REGIONAL GENERAL COUNSEL Region II MARIA P. FRAGASSI SANTANGELO ESQ. 26 Federal Plaza - Room 3904 New York, NY 10278 DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff filed this action in May 2006, seeking judicial review of the denial of Social Security benefits. By Report-Recommendation dated April 10, 2009, the Honorable Victor E. Bianchini, United States Magistrate Judge, recommended that defendant s motion for judgment on the pleadings be denied; plaintiff s cross-motion for judgment on the pleadings be denied in part and granted in part; and that this matter be remanded for reconsideration. No objections have been filed. Based upon a careful review of the entire file and the recommendations of Magistrate Judge Bianchini, the Report-Recommendation is accepted and adopted in whole. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that 1. Defendant s motion for judgment on the pleadings is DENIED; 2. Plaintiff s cross-motion for judgment on the pleadings is DENIED in part and GRANTED in part; and 3. This matter is REMANDED to the Commissioner for further proceedings consistent with the Report-Recommendation. IT IS SO ORDERED. Dated: May 7, 2009 Utica, New York. - 2 -

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