Smith v. Berryhill, No. 1:2017cv05639 - Document 24 (S.D.N.Y. 2018)

Court Description: OPINION & ORDER for 20 Report and Recommendations, 17 Motion for Judgment on the Pleadings filed by Nancy A. Berryhill, 15 Motion for Judgment on the Pleadings filed by Susan Marie Smith. For the foregoing reasons, the Court adopts in fu ll Judge Netburn's August 10, 2018, Report and Recommendation. It is hereby ordered that: (1) plaintiff's motion for judgment on the pleadings is GRANTED; (2) defendant's cross-motion for judgment on the pleadings is DENIED; and (3) the case is REMANDED for further administrative proceedings. The Clerk of Court is respectfully directed to terminate all pending motions and to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/24/2018) (anc) Transmission to Orders and Judgments Clerk for processing.