Doherty v. Commissioner of Social Security, No. 1:2007cv00954 - Document 15 (N.D.N.Y 2009)

Court Description: DECISION AND ORDER -- the Report and Recommendations of Magistrate Bianchini filed May 12, 2009, 14 Report and Recommendations, is accepted in its entirety and the plaintiff's motion for judgment on the pleadings is DENIED and the defendant's motion for judgment on the pleadings is GRANTED. Clerk of Court shall enter judgment in favor of the defendant and close this case. Signed by Senior Judge Frederick J. Scullin, Jr on 6/5/09. (mnm)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK CARLEEN DOHERTY, Plaintiff, v. MICHAEL J. ASTRUE COMMISSIONER OF SOCIAL SECURITY, No. 07-CV-954 (S.J. Scullin) Defendant. APPEARANCES: OF COUNSEL: Peter M. Margolius, Esq. Attorney for Plaintiff 7 Howard Street Catskill, New York 12414 Michael J. Astrue Commissioner of Social Security Attorney for Defendant Office of Regional General Counsel Region II 26 Federal Plaza - Room 3904 New York, New York 10278 Sandra M. Grossfeld FREDERICK J. SCULLIN: S.D.J. DECISION AND ORDER The above-captioned matter having been presented to me by the Report-Recommendation of Magistrate Judge Victor E. Bianchini filed May 12, 2009, and the Court having reviewed the Report-Recommendation and the entire file in this matter, and no objections to said Report- Recommendation having been filed, the Court hereby ORDERS that the Report-Recommendation of Magistrate Judge Victor E. Bianchini filed May 12, 2009 is, for the reasons stated therein, ACCEPTED in its entirety; and the Court further ORDERS that plaintiff s motion for judgment on the pleadings is DENIED and the defendant s motion for judgment on the pleadings is GRANTED, 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: June 5, 2009 Syracuse, New York

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