Myer v. Commissioner of Social Security, No. 1:2014cv00883 - Document 11 (N.D.N.Y 2015)
Court Description: DECISION AND ORDER granting Defts' 7 Motion to Dismiss; adopting 10 Report and Recommendations. Signed by Judge David N. Hurd on 1/15/15. (sfp, )
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Myer v. Commissioner of Social Security Doc. 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------HEATHER MYER, o/b/o KWC, Plaintiff, -v- 1:14-CV-883 (DNH/DEP) CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. -------------------------------APPEARANCES: OF COUNSEL: OFFICE OF PETER M. MARGOLIUS Attorney for Plaintiff 7 Howard Street Catskill, NY 12414 PETER M. MARGOLIUS, ESQ. OFFICE OF REGIONAL GENERAL COUNSEL Attorneys for Defendant Social Security Administration Region II 26 Federal Plaza, Room 3904 New York, NY 10278 MONIKA K. CRAWFORD, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff Heather Myer, on behalf of K.W.C., a minor, filed this action seeking judicial review of a final decision of the Commissioner of Social Security denying her application for Supplemental Security Income benefits under the Social Security Act. By ReportRecommendation dated December 15, 2014, the Honorable David E. Peebles, United States Dockets.Justia.com Magistrate Judge, recommended that the Commissioner's motion to dismiss the complaint based on plaintiff's failure to timely commence this action within the sixty-day time period prescribed by law be granted. 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. ยง 636(b)(1). Therefore, it is ORDERED that 1. The Commissioner's motion to dismiss is GRANTED; and 2. Plaintiff's complaint is DISMISSED. IT IS SO ORDERED. Dated: January 15, 2015 Utica, New York. -2-
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