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)

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

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