-VEB Stacey v. Commissioner of Social Security, No. 1:2009cv00638 - Document 14 (N.D.N.Y 2011)

Court Description: DECISION & ORDER accepting in whole Magistrate Judge Bianchini's 13 Report and Recommendation; that the defts motion for judgment on the pleadings is GRANTED; the pltfs motion for judgment on the pleadings is DENIED; Pltfs complaint is DISMISSED in its entirety; and the Clerk is directed to enter judgment accordingly and close the file. Signed by Judge David N. Hurd on 6/8/2011. (see)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------SARAH STACEY, Plaintiff, -v- 1:09-CV-638 COMMISSIONER OF SOCIAL SECURITY, Defendant. -------------------------------APPEARANCES: OF COUNSEL: OFFICE OF PETER M. MARGOLIUS 7 Howard Street Catskill, NY 12414 PETER M. MARGOLIUS, ESQ. OFFICE OF GENERAL COUNSEL Social Security Administration Region II 26 Federal Plaza, Room 3904 New York, NY 10278 SIXTINA FERNANDEZ, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff Sarah Stacey filed this action in June 2009 seeking judicial review of a final decision of the Commissioner of Social Security which denied her application for disability insurance benefits. Review of this matter proceeded as if both parties had accompanied their briefs with a motion for judgment on the pleadings. By Report and Recommendation dated May 20, 2011, the Honorable Victor E. Bianchini, United States Magistrate Judge, recommended that the defendant's motion for judgment on the pleadings be granted; that plaintiff's motion for judgment on the pleadings be denied; and that the plaintiff's complaint be dismissed in its entirety. No objections to the Report and Recommendation were filed. Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report and Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that 1. The defendant's motion for judgment on the pleadings is GRANTED; 2. The plaintiff's motion for judgment on the pleadings is DENIED; 3. Plaintiff's complaint is DISMISSED in its entirety; and 4. The Clerk is directed to enter judgment accordingly and close the file. IT IS SO ORDERED. Dated: June 8, 2011 Utica, New York. -2-

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