Buske v. McMahon, No. 5:2007cv00120 - Document 19 (N.D.N.Y 2009)

Court Description: DECISION & ORDER: accepting & adopting in whole Magistrate Judge Bianchini's 15 Report and Recommendations; deft's motion for judgment on the pleadings is DENIED; Pltf's cross-motion for judgment on the pleadings is DENIED in part and GRANTED in part; and This matter is REMANDED to the Commissioner for further proceedings consistent w/the Report-Recommendation. Signed by Judge David N. Hurd on 1/26/2009. (see)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------BRUCE BUSKE,, Plaintiff, vs 5:07-CV-120 MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. --------------------------------APPEARANCES: OF COUNSEL: OLINSKY & SHURTLIFF Attorneys for Plaintiff 300 South State Street, Suite 520 Syracuse, NY 13202 HOWARD D. OLINSKY, ESQ. SOCIAL SECURITY ADMINISTRATION Office of Regional General Counsel Region II 26 Federal Plaza - Room 3904 New York, NY 10278 KIMBERLY L. SCHIRO, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff filed this action in February 2007, appealing a denial of Social Security benefits. By Report-Recommendation dated November 20, 2008, the Honorable Victor E. Bianchini, United States Magistrate Judge, recommended that defendant s motion for judgment on the pleadings should be denied; plaintiff s cross-motion for judgment ion the pleadings should be denied in part and granted in part, and remanded for reconsideration. The parties have filed objections to the report and recommendation. Based upon a careful review of the entire file and the recommendations of Magistrate Judge Bianchini, the Report-Recommendation is accepted and adopted in whole. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that 1. Defendant s motion for judgment on the pleadings is DENIED; 2. Plaintiff s cross-motion for judgment on the pleadings is DENIED in part and GRANTED in part. 3. This matter is REMANDED to the Commissioner for further proceedings consistent with the Report-Recommendation. IT IS SO ORDERED. Dated: January 26, 2009 Utica, New York. - 2 -

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