Martin v. Berryhill, No. 1:2019cv05430 - Document 34 (S.D.N.Y. 2022)

Court Description: MEMORANDUM DECISION AND ORDER: Adopting REPORT AND RECOMMENDATION: for 28 Report and Recommendation. In summary, Magistrate Judge Wang's Report and Recommendation is ADOPTED to the extent it dismisses the Complaint. The Commissioner's m otion to dismiss is GRANTED. The Complaint, however, is dismissed pursuant to Rule 12(b)(6) and not Rule 12(b)(l). The Clerk of Court is directed to terminate the motion, (ECF No. 18), and close the case. SO ORDERED. (Signed by Judge George B. Daniels on 9/29/2022) (ama) Transmission to Orders and Judgments Clerk for processing.