Marshall v. Colvin, No. 6:2014cv00797 - Document 17 (N.D.N.Y 2015)

Court Description: DECISION AND ORDER: Based upon a de novo determination of the portion of the # 16 Report-Recommendation, the Report-Recommendation of Magistrate Judge David E. Peebles is accepted and adopted in all respects. See 28 U.S.C. §636(b)(1). Therefo re, it is ORDERED that the Commissioner's decision is AFFIRMED. It is further ORDERED that defendant's motion for judgment on the pleadings is GRANTED. It is further ORDERED that the # 1 Complaint is DISMISSED. The Clerk of the Court shall enter judgment and close this case. Signed by Judge David N. Hurd on 9/28/2015. (mc)

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Marshall v. Colvin Doc. 17 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------DONALD E. MARSHALL, Plaintiff, -v- 6:14-CV-0797 (DNH/DEP) CAROLYN W. COLVIN, as Acting Commissioner Of Social Security, Defendant. -------------------------------APPEARANCES: OF COUNSEL: ANTONOWICZ LAW FIRM Attorney for Plaintiff 148 West Dominick Street Rome, New York 13440 PETER W. ANTONOWICZ, ESQ. HON. RICHARD S. HARTUNIAN United States Attorney for the Northern District of New York P.O. Box 7198 100 S. Clinton Street Syracuse, NY 13261-7198 SERGEI ADEN, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff Donald E. Marshall filed this action seeking judicial review of a final decision of the Commissioner of Social Security denying his application for disability insurance benefits under the Social Security Act. By Report-Recommendation dated September 1, 2015, the Dockets.Justia.com Honorable David E. Peebles, United States Magistrate Judge, recommended that the Commissioner’s decision denying plaintiff benefits be affirmed and that defendant’s motion for judgment on the pleadings be granted. No objections to the Report-Recommendation have been filed. Based upon a de novo determination of the portion of the Report-Recommendation, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that (1) the Commissioner’s decision is AFFIRMED; (2) defendant’s motion for judgment on the pleadings is GRANTED; and (3) the Complaint is DISMISSED. The Clerk of the Court shall enter judgment and close the case. IT IS SO ORDERED. Dated: September 28, 2015 Utica, New York -2-

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