Attendorn v. Astrue, No. 1:2012cv00005 - Document 16 (N.D.N.Y 2012)
Court Description: DECISION & ORDER accepting and adopting in all respects Magistrate Judge Baxter's 13 Report and Recommendation; the Commissioner's decision is AFFIRMED; and Plaintiff's complaint is DISMISSED in its entirety. The Clerk is directed to file a judgment accordingly. Signed by Judge David N. Hurd on 12/21/2012. (see)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------SUSAN Q. ATTENDORN, Plaintiff, -v- 1:12-CV-5 COMMISSIONER OF SOCIAL SECURITY, Defendant. -------------------------------APPEARANCES: OF COUNSEL: BINDER & BINDER 60 East 42nd Street Suite 520 New York, NY 10165 CHARLES E. BINDER, ESQ. OFFICE OF GENERAL COUNSEL Social Security Administration Region II Attorneys for Defendant 26 Federal Plaza, Room 3904 New York, NY 10278 ELIZABETH D. ROTHSTEIN, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff Susan Q. Attendorn filed this action seeking judicial review of a final decision of the Commissioner of Social Security which found her not disabled. By ReportRecommendation dated November 2, 2012, the Honorable Andrew T. Baxter, United States Magistrate Judge, recommended that the Commissioner's decision be affirmed and the complaint be dismissed in its entirety. Plaintiff filed timely objections to the ReportRecommendation and defendant responded. Based upon a de novo determination of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. ยง 636(b)(1). Accordingly, it is ORDERED that 1. The Commissioner's decision is AFFIRMED; and 2. Plaintiff's complaint is DISMISSED in its entirety. The Clerk is directed to file a judgment accordingly. IT IS SO ORDERED. Dated: December 21, 2012 Utica, New York. -2-
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