Klimek v. Commissioner of Social Security, No. 1:2015cv00789 - Document 13 (N.D.N.Y 2016)
Court Description: DECISION and ORDER: Magistrate Judge Dancks' Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). ORDERED that, the Commissioner's decision is AFFIRMED; plaintiff's motion for judgment on the pleadings in DENIED; defendant's motion for judgment on the pleadings is GRANTED; and the complaint is DISMISSED. Signed by Judge David N. Hurd on 9/22/2016. (mgh)
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Klimek v. Commissioner of Social Security Doc. 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------WENDY L. KLIMEK, Plaintiff, -v- 1:15-CV-0789 (DNH/TWD) 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. SOCIAL SECURITY ADMINISTRATION Attorney for Defendant Office of Regional General Counsel Region II 26 Federal Plaza - Room 3904 New York, NY 10278 FERGUS J. KAISER, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff Wendy Klimek filed this action seeking judicial review of a final decision of the Commissioner of Social Security denying her application for disability benefits and supplemental security income under the Social Security Act. By Report-Recommendation dated July 21, 2016, the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, recommended that Dockets.Justia.com the Commissioner’s decision finding no disability be affirmed. No objections to the ReportRecommendation have been 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) the Commissioner’s decision is AFFIRMED; (2) plaintiff’s motion for judgment on the pleadings in DENIED; (3) defendant’s motion for judgment on the pleadings is GRANTED; and (4) the complaint is DISMISSED. The Clerk of the Court shall enter judgment and close the case. IT IS SO ORDERED. Dated: September 22, 2016 Utica, New York -2-
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