Lowry v. Commissioner of Social Security

Filing 21

DECISION AND ORDER accepting and adopting # 20 Magistrate Judge Carter's Report and Recommendation in its entirety. The Commissioner's decision denying Plaintiff's social security benefits is affirmed, and the Plaintiff's complaint is dismissed. Signed by Chief Judge Glenn T. Suddaby on 4/6/17. (lmw)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ______________________________________ KENNETH LOWRY, Plaintiff, 1:15-CV-1553 (GTS/WBC) v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ______________________________________ APPEARANCES: OF COUNSEL: OFFICE OF PETER M. MARGOLIS Counsel for Plaintiff 7 Howard Street Catskill, New York 12414 PETER M. MARGOLIS, ESQ. SOCIAL SECURITY ADMINISTRATION MICHELLE L. CHRIST, ESQ. OFFICE OF REG’L GEN. COUNSEL–REGION II Counsel for Defendant 26 Federal Plaza, Room 3904 New York, New York 10278 GLENN T. SUDDABY, Chief United States District Judge DECISION and ORDER The above matter comes to this Court following a Report-Recommendation by United States Magistrate Judge William B. Mitchell Carter, filed on March 16, 2017, recommending that the Commissioner’s decision denying Plaintiff Social Security benefits be affirmed and Plaintiff’s Complaint be dismissed. (Dkt. No. 20.) Objections to the Report-Recommendation have not been filed and the time in which to do so has expired. (See generally Docket Sheet.) After carefully reviewing all of the papers herein, including Magistrate Judge Carter’s thorough Report-Recommendation, the Court can find no clear error in the Report-Recommendation. As a result, the Report-Recommendation is accepted and adopted in its entirety; the Commissioner’s decision denying Plaintiff Social Security benefits is affirmed; and Plaintiff’s Complaint is dismissed. ACCORDINGLY, it is ORDERED that Magistrate Judge Carter’s Report-Recommendation (Dkt. No. 20) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that the Commissioner’s decision denying Plaintiff Social Security benefits is AFFIRMED, and Plaintiff’s Complaint (Dkt. No. 1) is DISMISSED. Dated: April 7, 2017 Syracuse, New York ____________________________________ HON. GLENN T. SUDDABY Chief United States District Judge 2

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