Paquette v. Commissioner of Social Security, No. 7:2012cv01470 - Document 16 (N.D.N.Y 2014)
Court Description: DECISION AND ORDER: It is ORDERED that the Court ADOPTS the # 15 Report and Recommendation for the reasons stated therein. Plaintiff's Motion for Judgment on the Pleadings is GRANTED. Defendant's Motion for Judgment on the Pleadings is DENIED. The case is REMANDED to the Commissioner for further administrative proceedings consistent with the Report and Recommendation. Signed by Senior Judge Thomas J. McAvoy on 2/15/2014. (nmk)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ JEFFREY PAQUETTE, Plaintiff, 7:12-CV-1470 v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. _________________________________________ THOMAS J. McAVOY, Senior United States District Judge DECISION & ORDER This matter was referred to the Hon. Victor E. Bianchini, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. ยง 636(b) and Rule 72.3(d) of the Local Rules of the Northern District of New York. In a Report and Recommendation dated December 6, 2013 ( Report-Recommendation ), Magistrate Judge Bianchini recommended that Plaintiff's Motion for Judgment on the Pleadings be GRANTED, that Defendant s Motion for Judgment on the Pleadings be DENIED, and that the case be remanded to the Commissioner for further administrative proceedings consistent with the Report and Recommendation. No objections to the Report and Recommendation have been lodged and the time for filing objections has expired. CONCLUSION After examining the record, this Court has determined that the Report and 1 Recommendation is not subject to attack for plain error or manifest injustice. Therefore, (1) The Court ADOPTS the Report and Recommendation [dkt. # 15] for the reasons stated therein; (2) Plaintiff's Motion for Judgment on the Pleadings is GRANTED; (3) Defendant s Motion for Judgment on the Pleadings is DENIED; (4) The case is REMANDED to the Commissioner for further administrative proceedings consistent with the Report and Recommendation. IT IS SO ORDERED. Dated:February 15, 2014 2
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