Melillo v. Astrue, No. 7:2006cv00698 - Document 14 (N.D.N.Y 2009)

Court Description: DECISION and ORDERED that the Report-Recommendation (Dkt. No. 11) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendants Motion for judgment on the pleadings be GRANTED, and Commissioners decision be AFFIRMED, and that Plaintiffs Complaint (Dkt. No. 1) is DISMISSED. Signed by Senior Judge Lawrence E. Kahn on June 03, 2009. (sas)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK LAWRENCE MELILLO, Plaintiff, -against- 7:06-CV-0698 (LEK/DEP) MICHAEL J. ASTRUE, Commissioner OF Social Security, Defendant. DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on April 23, 2009 by the Honorable David E. Peebles, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3 of the Northern District of New York. Report-Rec. (Dkt. No. 11). After ten days from the service thereof, the Clerk has sent the entire file to the undersigned, including the objections by Lawrence Melillo, which were filed on May 5, 2009. Objections (Dkt. No. 12). It is the duty of this Court to make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. 28 U.S.C. § 636(b). A [district] judge... may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. Id. This Court has considered the objections and has undertaken a de novo review of the record and has determined that the Report-Recommendation should be approved for the reasons stated therein. Accordingly, it is hereby ORDERED, that the Report-Recommendation (Dkt. No. 11) is APPROVED and 1 ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendant s Motion for judgment on the pleadings be GRANTED, and Commissioner s decision be AFFIRMED, and that Plaintiff s Complaint (Dkt. No. 1) is DISMISSED; it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: June 03, 2009 Albany, New York 2

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