Polynice v. Colvin, No. 8:2012cv01381 - Document 24 (N.D.N.Y 2013)
Court Description: DECISION AND ORDER: The # 22 Report-Recommendation is accepted and adopted in all respects. It is ORDERED that the Commissioner's decision is AFFIRMED. Plaintiff's Complaint is DISMISSED in its entirety. Plaintiff's # 19 Letter Motion is DENIED. The Clerk is directed to file a judgment accordingly. Signed by Judge David N. Hurd on 11/19/2013. (nmk)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------DONNA POLYNICE, Plaintiff, -v- 8:12-CV-1381 (DNH/ATB) CAROLYN W. COLVIN, Defendant. -------------------------------APPEARANCES: OF COUNSEL: OFFICE OF MARK A. SCHNEIDER Attorney for Plaintiff 57 Court Street Plattsburgh, NY 12901 MARK A. SCHNEIDER, ESQ. OFFICE OF GENERAL COUNSEL Social Security Administration Region II Attorneys for Defendant 26 Federal Plaza, Room 3904 New York, NY 10278 REBECCA H. ESTELLE, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff Donna Polynice filed this action seeking judicial review of a final decision of the Commissioner of Social Security denying her application for disability insurance benefits and supplemental security income payments. By Report-Recommendation dated October 18, 2013, the Honorable Andrew T. Baxter, United States Magistrate Judge, recommended that the decision of the Commissioner be affirmed, plaintiff's complaint be dismissed, and that plaintiff's letter motion requesting "Consideration of Subsequent Fully Favorable ALJ Decision" be denied. 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; 2. Plaintiff's complaint is DISMISSED in its entirety; and 3. Plaintiff's letter motion requesting "Consideration of Subsequent Fully Favorable ALJ Decision" is DENIED. The Clerk is directed to file a judgment accordingly. IT IS SO ORDERED. Dated: November 19, 2013 Utica, New York. -2-
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