Montgomery v. Commissioner of Social Security, No. 1:2017cv03689 - Document 23 (S.D.N.Y. 2018)

Court Description: OPINION & ORDER for 21 Motion for Leave to File Document, filed by Commissioner of Social Security, 22 Report and Recommendation 10 Motion to Dismiss filed by Commissioner of Social Security. For the reasons stated herein, the Court a dopts the Report in full. Defendant's motion to dismiss is hereby denied, and the case shall proceed on the merits. To that end, the Court directs defendant to file the certified administrative record in this case by December 11, 2018. The Court respectfully directs the Clerk of Court to terminate the motion pending at docket 21. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/4/2018) (anc)