Polosky v. Colvin, No. 3:2015cv00884 - Document 15 (N.D.N.Y 2016)

Court Description: DECISION AND ORDER accepting and adopting # 14 Magistrate Judge Dancks' Report and Recommendation in its entirety. The Commissioner's decision denying Social Security benefits is affirmed, and the Plaintiff's complaint is dismissed. Signed by Chief Judge Glenn T. Suddaby on 8/26/16. (lmw)

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Polosky v. Colvin Doc. 15 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK __________________________________________ PATRICIA POLOSKY, Plaintiff, 3:15-CV-0884 (GTS/TWD) v. CAROLYN W. COLVIN, Comm’r of Soc. Sec., Defendant. __________________________________________ APPEARANCES: OF COUNSEL: LACHMAN & GORTON Counsel for Plaintiff P.O. Box 89 1500 East Main Street Endicott, New York 13761 PETER A. GORTON, ESQ. SOCIAL SECURITY ADMINISTRATION OFFICE OF REG’L GEN. COUNSEL–REGION II Counsel for Defendant 26 Federal Plaza, Room 3904 New York, New York 10278 SIXTINA FERNANDEZ, ESQ. Special Assistant U.S. Attorney GLENN T. SUDDABY, United States District Judge DECISION and ORDER The above matter comes to this Court following a Report-Recommendation by United States Magistrate Judge Thérèse Wiley Dancks, filed on July 25, 2016, recommending that the Commissioner’s motion for judgment on the pleadings be granted, the Commissioner’s decision denying disability insurance benefits be affirmed, and that Plaintiff’s Complaint be dismissed. (Dkt. No. 14.) Objections to the Report-Recommendation have not been filed and the time in which to do so has expired. (See generally Docket Sheet.) After carefully reviewing all of the papers herein, including Magistrate Judge Dancks’ thorough Report-Recommendation, the Court Dockets.Justia.com can find no clear error in the Report-Recommendation: Magistrate Judge Dancks employed the proper standards, accurately recited the facts, and reasonably applied the law to those facts. As a result, the Report-Recommendation is accepted and adopted in its entirety; the Commissioner’s motion for judgment on the pleadings is granted, that the Commissioner’s decision denying disability insurance benefits is affirmed; and Plaintiff’s Complaint is dismissed in its entirety. ACCORDINGLY, it is ORDERED that Magistrate Judge Dancks’ Report-Recommendation (Dkt. No. 14) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that the Commissioner’s decision denying Social Security benefits is AFFIRMED; and it is further ORDERED that Plaintiff’s Complaint (Dkt. No. 1) is DISMISSED in its entirety; and it is further ORDERED that the Clerk shall issue Judgment for Defendant and close this action. Dated: August 26, 2016 Syracuse, New York ____________________________________ HON. GLENN T. SUDDABY United States District Judge 2

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