Rockwell v. Astrue, No. 5:2012cv00792 - Document 17 (N.D.N.Y 2013)

Court Description: DECISION AND ORDER adopting Magistrate Judge Bianchini's 15 Report and Recommendations. The Commissioner's decision is AFFIRMED and the Plaintiff's complaint is DISMISSED in its entirety. Signed by Judge David N. Hurd on 8/1/2013. (amt)
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Rockwell v. Astrue Doc. 17 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------SHIRLEY ROCKWELL, Plaintiff, -v- 5:12-CV-792 (DNH/VEB) CAROLYN W. COLVIN, Defendant. -------------------------------APPEARANCES: OF COUNSEL: OLINSKY LAW GROUP Attorneys for Plaintiff 300 S. State Street 5th Floor, Suite 520 Syracuse, NY 13202 HOWARD D. OLINSKY, ESQ. OFFICE OF GENERAL COUNSEL Social Security Administration Region II Attorneys for Defendant 26 Federal Plaza, Room 3904 New York, NY 10278 SERGEI ADEN, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff Shirley Rockwell filed this action seeking judicial review of a final decision of the Commissioner of Social Security denying her application for Supplemental Security Income. By Report-Recommendation dated July 3, 2013, the Honorable Victor E. Bianchini, United States Magistrate Judge, recommended that plaintiff's motion for judgment on the Dockets.Justia.com pleadings be denied, the Commissioner's motion for judgment on the pleadings be granted, and this case be dismissed. Plaintiff filed timely objections to the Report-Recommendation. Based upon a de novo determination of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. ยง 636(b)(1). Accordingly, it is ORDERED that 1. The Commissioner's decision is AFFIRMED; and 2. Plaintiff's complaint is DISMISSED in its entirety. The Clerk is directed to file a judgment accordingly. IT IS SO ORDERED. Dated: August 1, 2013 Utica, New York. -2-