Browne v. Commissioner of Social Security

Filing 24

ORDERED, that the Report-Recommendation (Dkt. No. 19) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendants Motion for judgment on the pleadings is GRANTED, that Plaintiffs Motion for judgment on the pleadings is DENIED; and it is further ORDERED, that the decision of the Commissioner of Social Security be AFFIRMED and it is further ORDERED, that Defendants Motion to substitute attorney (Dkt. No. 20) is GRANTED. Signed by Senior Judge Lawrence E. Kahn on June 03, 2009. (sas)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK JUDY BROWNE, Plaintiff, -againstMICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. 3:06-CV-1515 (LEK/VEB)

DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on May 5, 2009, by the Honorable Victor E. Bianchini, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3 of the Northern District of New York. Report-Rec. (Dkt. No. 19). After ten days from the service thereof, the Clerk has sent the entire file to the undersigned, including the objections by Plaintiff Judy Browne, which were filed on May 19, 2009. Objections (Dkt. No. 22). It is the duty of this Court to "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b). "A [district] judge... may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id. This Court has considered the objections and has undertaken a de novo review of the record and has determined that the Report-Recommendation should be approved for the reasons stated therein. Accordingly, it is hereby ORDERED, that the Report-Recommendation (Dkt. No. 19) is APPROVED and

1

ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendant's Motion for judgment on the pleadings is GRANTED, that Plaintiff's Motion for judgment on the pleadings is DENIED; and it is further ORDERED, that the decision of the Commissioner of Social Security be AFFIRMED; and it is further ORDERED, that Defendant's Motion to substitute attorney (Dkt. No. 20) is GRANTED; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: June 3, 2009 Albany, New York

2