Overby v. Commissioner of Social Security

Filing 14

ORDER - That the 13 Report-Recommendation of Magistrate Judge Earl S. Hines filed April 4, 2013 is ACCEPTED in its entirety. That Plaintiff's request to remand this action and order that additional evidence be taken before the Commissioner is DENIED and the Commissioner's decision is AFFIRMED,. Signed by Chief Judge Gary L. Sharpe on 4/29/2013. (Attachments: # 1 Judge Hine's Report-Recommmendation) (jel, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------MATTHEW LEE OVERBY Plaintiff, -v.Civil Action No. 1:12-cv-663 (GLS/ESH) CAROLYN W. COLVIN, Acting Commissioner of Social Security Defendant. ------------------------------------------------------------------------------APPEARANCES: OF COUNSEL: FOR THE PLAINTIFF: Office of Peter M. Margolius 7 Howard Street Catskill, New York 12414 PETER M. MARGOLIUS, ESQ. FOR THE DEFENDANT: Social Security Administration Office of Regional General Counsel Region II 26 Federal Plaza - Room 3904 New York, New York 10278 GARY L. SHARPE, CHIEF JUDGE KATRINA M. LEDERER, ESQ. ORDER The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Earl S. Hines, duly filed April 4, 2013. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein. No objections having been filed, and the court having reviewed the Magistrate Judge’s Report-Recommendation for clear error, it is hereby ORDERED, that the Report-Recommendation of Magistrate Judge Earl S. Hines filed April 4, 2013 is ACCEPTED in its entirety for the reasons state therein, and it is further ORDERED that Plaintiff’s request to remand this action and order that additional evidence be taken before the Commissioner is DENIED and the Commissioner’s decision is AFFIRMED, and it is further ORDERED, that the Clerk of the Court is to mail copies of the Order to the parties in accordance with the court’s local rules. IT IS SO ORDERED. Dated: April 29, 2013 Albany, New York 2

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