McCauley v. Astrue, No. 5:2008cv00067 - Document 19 (N.D.N.Y 2009)
Court Description: DECISION & ORDER: ADOPTING the # 18 Report and Recommendations in its entirety. Defendant's Motion for Judgment on the Pleadings is DENIED, the decision of the Commissioner is REVERSED and this case is REMANDED for further proceedings consistent with the Report and Recommendation. Signed by Senior Judge Frederick J. Scullin, Jr on 12/15/09. (jmb)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK DIANE E. MCCAULEY, Plaintiff, No. 08-CV-0067 vs. (FJS/VEB) MICHAEL J. ASTRUE COMMISSIONER OF SOCIAL SECURITY, Defendant. APPEARANCES: OF COUNSEL For the Plaintiff Olinsky, Shurtliff Law Firm 300 S. State Street, 5th Floor Syracuse, NY 13202 Howard Olinsky, Esq. For the Defendant Michael J. Astrue, Commissioner of of Social Security Office of Regional General Counsel - Region II 26 Federal Plaza - Room 3904 New York, New York 10278 Andrea L. Lechleitner, Esq. FREDERICK J. SCULLIN, JR., S.J. DECISION AND ORDER Currently before the Court is Magistrate Judge Victor E. Bianchini s November 16, 2009 Report and Recommendation to which the parties have filed no objections. Having reviewed that Report and Recommendation and the entire file in this matter, the Court hereby ORDERS that the Report and Recommendation of Magistrate Judge Victor E. Bianchini filed November 16, 2009 is ACCEPTED in its entirety, for the reasons stated therein, and the Court further ORDERS that Defendant s motion for judgment on the pleadings is DENIED; and the Court further ORDERS that the decision of the Commissioner is REVERSED, and that the case is REMANDED to the Commissioner for further proceedings consistent with the Report and Recommendation IT IS SO ORDERED. Dated: December 15, 2009 Syracuse, New York
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