MacMillan v. Astrue, No. 1:2007cv00959 - Document 22 (N.D.N.Y 2009)

Court Description: AMENDED DECISION and ORDER amending decision and order 21-1 dated 12/07/09 for a clerical error. Signed by Senior Judge Lawrence E. Kahn on December 07, 2009. (sas)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK DANIELLE MACMILLAN, Plaintiff, -against- 1:07-CV-0959 (LEK/VEB) MICHAEL J. ASTRUE, Commissioner of Social Security, AMENDED DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on November 17, 2009, by the Honorable Victor E. Bianchini, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 20). In the initial Decision and Order (Dkt. No. 21) addressing this matter, the ReportRecommendation s date of filing was inaccurately listed as October 13, 2009. This Amended Decision and Order corrects that statement. Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge s Report-Recommendation, the party may serve and file specific, written objections to the proposed findings and recommendations, FED . R. CIV . P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to Judge Bianchini s Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, it is hereby 1 ORDERED, that the Report-Recommendation (Dkt. No. 20) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendant s Motion (Dkt. Nos. 10, 13 ) for judgment on the pleadings is DENIED; and it is further ORDERED, that Plaintiffs Motion (Dkt. No. 8) is GRANTED in part and DENIED in part; and it is further ORDERED, that Plaintiff s Complaint (Dkt. No. 1) is REMANDED for reconsideration consistent with the Report-Recommendation (Dkt. No. 20); and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: December 07, 2009 Albany, New York 2

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