Colley v. Commissioner of Social Security, No. 3:2006cv00749 - Document 10 (N.D.N.Y 2009)
Court Description: DECISION and ORDERED, that the Report-Recommendation (Dkt. No. 9) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendants Motion for judgment on the pleadings is DENIED; Plaintiffs cross-Motion for judgment on the pleading s is GRANTED in part and DENIED in part; that the decision of the Commissioner be REVERSED and that the case be REMANDED to the Commissioner for further administrative proceedings consistent with this Report and Recommendation. Signed by Senior Judge Lawrence E. Kahn on 5/12/09. (sas)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK PAULETTE M. COLLEY, Plaintiff, -against- 1:06-CV-0749 (LEK/VEB) MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on April 20, 2009, by the Honorable Victor E. Bianchini, United States Magistrate Judge, pursuant to 28 U.S.C. ยง 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 9). Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge s Report-Recommendation, the party may serve and file specific, written objections to the proposed findings and recommendations, FED . R. CIV . P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to Judge Bianchini s Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, it is hereby ORDERED, that the Report-Recommendation (Dkt. No. 9) is APPROVED and ADOPTED in its ENTIRETY; and it is further 1 ORDERED, that Defendant s Motion for judgment on the pleadings is DENIED; Plaintiff s cross-Motion for judgment on the pleadings is GRANTED in part and DENIED in part; that the decision of the Commissioner be REVERSED and that the case be REMANDED to the Commissioner for further administrative proceedings consistent with this Report and Recommendation; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: May 12, 2009 Albany, New York 2
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