Webb v. Commissioner of Social Security, No. 8:2008cv00082 - Document 16 (N.D.N.Y 2009)

Court Description: DECISION AND ORDER adopting 15 Report and Recommendations and dismissing the petition. Signed by Senior Judge Thomas J. McAvoy on 11/4/09. (sfp, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------ALEXANDER WEBB for Marvin T. Patrick (Deceased), Plaintiff, v. 8:08-CV-0082 COMMISSIONER OF SOCIAL SECURITY, Defendant. -------------------------------THOMAS J. McAVOY United States District Judge DECISION and ORDER This matter brought pursuant to 42 U.S.C. § 405(g) was referred to the Hon. David E. Peebles, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to the October 9, 2009 Report-Recommendation have been raised. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation for the reasons stated therein and DISMISSES the petition. IT IS SO ORDERED. Dated: November 4, 2009

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