Dominique v. Commissioner of Social Security, No. 7:2012cv01731 - Document 16 (N.D.N.Y 2014)

Court Description: DECISION AND ORDER: The # 15 Report-Recommendation is accepted in whole. It is ORDERED that the Commissioner's decision denying plaintiff disability benefits is AFFIRMED. The complaint is DISMISSED in its entirety. The Clerk of the Court is directed to enter judgment accordingly. Signed by Judge David N. Hurd on 3/24/2014. (nmk)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------PAUL L. DOMINIQUE, Plaintiff, -v- 7:12-CV-1731 (DNH/ATB) COMMISSIONER OF SOCIAL SECURITY, Defendant. -------------------------------APPEARANCES: OF COUNSEL: CONBOY, MCKAY, BACHMAN & KENDALL, LLP Attorneys for Plaintiff 307 State Street Carthage, NY 13619 LAWRENCE D. HASSELER, ESQ. OFFICE OF REGIONAL GENERAL COUNSEL Attorneys for Defendant Social Security Administration Region II 26 Federal Plaza, Room 3904 New York, NY 10278 DENNIS J. CANNING, ESQ. PETER W. JEWETT, ESQ. Special Ass't U.S. Attorneys DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff Paul L. Dominique filed this action seeking judicial review of a final decision of the Commissioner of Social Security denying his application for supplemental security income under the Social Security Act. By Report-Recommendation dated February 25, 2014, the Honorable Andrew T. Baxter, United States Magistrate Judge, recommended that the Commissioner's decision be affirmed, and plaintiff's complaint be dismissed in its entirety. No objections to the Report-Recommendation were filed. Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. ยง 636(b)(1). Accordingly, it is ORDERED that 1. The Commissioner's decision denying plaintiff disability benefits is AFFIRMED; and 2. The complaint is DISMISSED in its entirety. The Clerk of the Court is directed to enter judgment accordingly. IT IS SO ORDERED. Dated: March 24, 2014 Utica, New York. -2-

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