Balsano v. Astrue, No. 1:2009cv00490 - Document 39 (N.D.N.Y 2013)
Court Description: DECISION & ORDER: It is ordered that the # 38 Report and Recommendations is accepted in its entirety, and the # 26 Motion for Attorney Fees and Costs is GRANTED IN PART, Plaintiff is awarded $11,774.63 in Attorneys' Fees, Plaintiff is awarded $362.82 in costs. Payment shall be mailed to the office of plaintiff's counsel. Signed by Judge David N. Hurd on 3/11/2013. (jmb)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------ANGELO BALSANO, 09-CV-490 (DNH/VEB) Plaintiff, -v- MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. -------------------------------APPEARANCES: OF COUNSEL: Irwin M. Portnoy & Associates, PC Attorneys for Plaintiff 542 Union Avenue New Windsor, NY 12550 IRWIN M. PORTNOY. ESQ. OFFICE OF GENERAL COUNSEL Social Security Administration Region II Attorneys for Defendant 26 Federal Plaza, Room 3904 New York, NY 10278 SIXTINA FERNANDEZ, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff's counsel, Irwin M. Portnoy, Esq., has filed a motion for attorneys' fees and costs pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). Dkt. No. 26. On February 13, 2013, the Honorable Victor E. Bianchini, United States Magistrate Judge, advised by Report-Recommendation that the motion be granted in part and that plaintiff be awarded $11,774.63 in fees, plus costs in the amount of $362.82, and that the payment be mailed to the office of plaintiff's counsel. No objections to the Report-Recommendation were filed. Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that 1. Plaintiff's motion for attorneys' fees and costs is GRANTED in part; 2. Plaintiff is awarded $11,774.63 in attorneys' fees; 3. Plaintiff is awarded $362.82 in costs; and 4. Payment shall be mailed to the office of plaintiff's counsel. IT IS SO ORDERED. Dated: March 11, 2013 Utica, New York. -2-
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