Mushtare v. Commissioner of Social Security, No. 7:2006cv01055 - Document 16 (N.D.N.Y 2009)

Court Description: DECISION & ORDERED, that the Report-Recommendation (Dkt. No. 15) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that the Commissioners decision denying disability benefits is REMANDED for further proceedings in accordance with the Report-Recommendation (Dkt. No. 15) and pursuant to sentence four of 42 U.S.C. § 405(g). Signed by Senior Judge Lawrence E. Kahn on August 12, 2009. (sas)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK BONNIE MUSHTARE, Plaintiff, -against- 7:06-CV-1055 (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 July 27, 2009, by the Honorable Victor E. Bianchini, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 15). 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. 15) is APPROVED and ADOPTED in its ENTIRETY; and it is further 1 ORDERED, that the Commissioner s decision denying disability benefits is REMANDED for further proceedings in accordance with the Report-Recommendation (Dkt. No. 15) and pursuant to sentence four of 42 U.S.C. § 405(g); and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: August 12, 2009 Albany, New York 2

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