Moshier v. Commissioner of Social Security, No. 5:2006cv00748 - Document 9 (N.D.N.Y 2009)
Court Description: DECISION & ORDER: It is Ordered that the # 8 Report and Recommendation of Magistrate Judge Gustave J. DiBianco is ACCEPTED in its entirety, the Decision of the Commissioner is AFFIRMED and the # 1 Complaint filed by Martin D. Moshier is DISMISSED. The Clerk shall enter judgment in favor of the defendant and close this case. Signed by Senior Judge Frederick J. Scullin, Jr., on 5/13/09. (jmb)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK MARTIN D. MOSHIER, III, Plaintiff, No. 5:06-CV-748 vs. (FJS/GJD) COMMISSIONER OF SOCIAL SECURITY, Defendant. APPEARANCES: OF COUNSEL For the Plaintiff Gregory R. Gilbert, Esq. Amdursky, Pelky Law Firm 26 E. Oneida Street Oswego, NY 13126 For the Defendant Kristina D. Cohn Social Security Administration Office of Regional General Counsel - Region II 26 Federal Plaza - Room 3904 New York, New York 10278 FREDERICK J. SCULLIN, JR., S.J. DECISION AND ORDER Currently before the Court is Magistrate Judge Gustave J. DiBianco s June 24, 2008 Report-Recommendation to which the parties have filed no objections. Having reviewed that Report and Recommendation and the entire file in this matter, the Court hereby ORDERS that the Report-Recommendation of Magistrate Judge Gustave J. DiBianco filed June 24, 2008 is ACCEPTED in its entirety, for the reasons stated therein, and the Court further ORDERS that the decision of the Commissioner is AFFIRMED and the Court further ORDERS that the Complaint is DISMISSED in all respects and the Court further ORDERS that the Clerk of the court shall enter judgment in favor of the Defendant and close this case. IT IS SO ORDERED. Dated: May 13, 2009 Syracuse, New York
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