Garmendiz v. Berryhill, No. 1:2017cv00662 - Document 25 (S.D.N.Y. 2018)

Court Description: MEMORANDUM OPINION AND ORDER re: 20 CROSS MOTION for Judgment on the Pleadings . filed by Nancy A Berryhill, 15 MOTION for Judgment on the Pleadings Pursuant to Fed. R. Civ. P. section 12(c). filed by Edward Garmendiz. Th e Court has considered all of the arguments of the parties. To the extent not specifically addressed above, the remaining arguments are either moot or without merit. For the foregoing reasons, the plaintiff's motion for judgment on the pleadings is granted, the Commissioner's cross-motion for judgment on the pleadings is denied, and the Commissioner's decision is vacated, and the case is remanded to the Commissioner for further proceedings consistent with this Memorandum Opinion and Order. The Clerk is directed to enter judgment and to close this case. SO ORDERED. (Signed by Judge John G. Koeltl on 6/29/18) (yv)