Stringer v. Commissioner of Social Security, No. 1:2008cv00694 - Document 14 (N.D.N.Y 2010)
Court Description: DECISION and ORDERED, that the Report-Recommendation (Dkt. No. 13) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, Defendants Motion for Judgment on the pleadings is DENIED; and it is further ORDERED, Plaintiffs cross-Motion for Judgment on the pleadings is GRANTED in part and DENIED in part and REMANDED for reconsideration consistent with the Report-Recommendation (Dkt. No. 13). Signed by Senior Judge Lawrence E. Kahn on January 04, 2010. (sas)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK BRENDA STRINGER, Plaintiff, -against- 1:08-CV-0694 (LEK) MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on December 2, 2009, by the Honorable Victor E. Bianchini, United States Magistrate Judge, pursuant to 28 U.S.C. ยง 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 13). 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 ORDERED, that the Report-Recommendation (Dkt. No. 13) is APPROVED and ADOPTED in its ENTIRETY; and it is further 1 ORDERED, Defendant s Motion for Judgment on the pleadings is DENIED; and it is further ORDERED, Plaintiff s cross-Motion for Judgment on the pleadings is GRANTED in part and DENIED in part and REMANDED for reconsideration consistent with the ReportRecommendation (Dkt. No. 13); and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: January 04, 2010 Albany, New York 2
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