Ocasio v. Colvin

Filing 16

ORDER - That the 15 Report-Recommendation of Magistrate Andrew T. Baxter filed May 4, 2015 (Dkt. No. 15) is ACCEPTED in its entirety. That defendant's 9 motion to dismiss is DENIED. That the defendant is directed to file a certified copy of the administrative proceedings within thrity (30) days from this order. That this case continue proceeding in accordance with General Order 18. Signed by Chief Judge Gary L. Sharpe on 5/28/2015. (jel, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------ANGELICA OCASIO Plaintiff, -v.Civil Action No. 3:14-cv-1096 (GLS/ATB) CAROLYN W. COLVIN, Commissioner of Social Security Defendant. ------------------------------------------------------------------------------APPEARANCES: OF COUNSEL: FOR THE PLAINTIFF: Lachman, Gorton Law Firm P.O. Box 89 1500 East Main Street Endicott, New York 13761-0089 PETER A. GORTON, ESQ. FOR THE DEFENDANT: HON. RICHARD S. HARTUNIAN United States Attorney 100 South Clinton Street Syracuse, New York 13261 Steven P. Conte Regional Chief Counsel Social Security Administration Office of General Counsel, Region II 26 Federal Plaza - Room 3904 New York, New York 10278 GARY L. SHARPE, CHIEF JUDGE AMANDA J. LOCKSHIN SUSAN J. REISS Special Assistant U.S. Attorney ORDER The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Andrew T. Baxter, duly filed May 4, 2015. Following fourteen 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 Andrew T. Baxter filed May 4, 2015 (Dkt. No. 15) is ACCEPTED in its entirety for the reasons stated therein; and it is further ORDERED that defendant’s motion to dismiss (Dkt. No. 9) is DENIED; and it is further ORDERED that the defendant is directed to file a certified copy of the administrative proceedings within thirty (30) days from this order; and it is further ORDERED that this case continue proceeding in accordance with General Order 18; and it is further ORDERED that the Clerk provide a copy of this Order to the parties in accordance to the local rules. 2 IT IS SO ORDERED. May 28, 2015 Albany, New York 3

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