O'Connell v. Barnhart

Filing 17

DECISION AND ORDER granting in part and denying in part 7 Motion for Judgment on the Pleadings; ORDERED that Plaintiff's Motion for judgment on the pleadings is GRANTED in part; ORDERED that Defendant's Cross-Motion for Judgment on the pl eadings is DENIED; ORDERED that the complaint is REMANDED to the Commissioner for further proceedings consistent with the Report-Recommendation; ORDERED that the Report-Recommendation is APPROVED and ADOPTED in its ENTIRETY re 16 Report and Recommendations. Signed by Senior Judge Lawrence E. Kahn on 3/9/09. (ban)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK KEVIN A. O'CONNELL, Plaintiff, -vMICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. 1:06-CV-1113 (LEK/VEB)

DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on February 11, 2009, by the Honorable Victor E. Bianchini, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(d) of the Northern District of New York. Report-Rec. (Dkt. No. 16). Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to the ReportRecommendation filed by Judge Bianchini. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, it is hereby ORDERED, that the Report-Recommendation (Dkt. No. 16) is APPROVED and ADOPTED in its ENTIRETY; and it is further

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ORDERED, that Plaintiff's Motion for judgment on the pleadings (Dkt. No. 7) is GRANTED in part; and it is further ORDERED, that Defendant's Cross-Motion for judgment on the pleadings is DENIED; and it is further ORDERED, and the Complaint (Dkt. No. 1) is REMANDED to the Commissioner for further proceedings consistent with the Report-Recommendation; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED.

DATED:

March 09, 2009 Albany, New York

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