McIntosh v. Berryhill, No. 1:2017cv05403 - Document 15 (S.D.N.Y. 2018)

Court Description: OPINION AND ORDER adopting 14 Report and Recommendations re: 12 Motion for Judgment on the Pleadings filed by Nancy A Berryhill; 10 Motion for Summary Judgment filed by Kempton McIntosh: The Court has carefully reviewed Judge Freeman's tho rough and well-reasoned Report and finds no error, clear or otherwise. Accordingly, the Court adopts the Report in its entirety. The Plaintiff's Rule 56(a) motion is GRANTED, and Commissioner's Rule 12(c) cross-motion is DENIED. Commissione r's failure to file written objections precludes appellate review of this decision. See PSG Poker, LLC v. DeRosa-Grund, No. 06 CIV. 1104(DLC), 2008 WL 3852051, at *3 (S.D.N.Y. Aug. 15, 2008) (citing United States v. Male Juvenile, 121 F.3d34, 38 (2d Cir. 1997)). The Clerk of Court is respectfully directed to terminate the motions, Docs. 10 and 12, and to close the case. (Signed by Judge Edgardo Ramos on 9/12/2018) (jwh) Transmission to Orders and Judgments Clerk for processing.