Polosky v. Colvin

Filing 15

DECISION AND ORDER accepting and adopting # 14 Magistrate Judge Dancks' Report and Recommendation in its entirety. The Commissioner's decision denying Social Security benefits is affirmed, and the Plaintiff's complaint is dismissed. Signed by Chief Judge Glenn T. Suddaby on 8/26/16. (lmw)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
__________________________________________
PATRICIA POLOSKY,
Plaintiff,

3:15-CV-0884
(GTS/TWD)

v.
CAROLYN W. COLVIN, Comm’r of Soc. Sec.,
Defendant.
__________________________________________
APPEARANCES:

OF COUNSEL:

LACHMAN & GORTON
Counsel for Plaintiff
P.O. Box 89
1500 East Main Street
Endicott, New York 13761

PETER A. GORTON, ESQ.

SOCIAL SECURITY ADMINISTRATION
OFFICE OF REG’L GEN. COUNSEL–REGION II
Counsel for Defendant
26 Federal Plaza, Room 3904
New York, New York 10278

SIXTINA FERNANDEZ, ESQ.
Special Assistant U.S. Attorney

GLENN T. SUDDABY, United States District Judge
DECISION and ORDER
The above matter comes to this Court following a Report-Recommendation by United
States Magistrate Judge Thérèse Wiley Dancks, filed on July 25, 2016, recommending that the
Commissioner’s motion for judgment on the pleadings be granted, the Commissioner’s decision
denying disability insurance benefits be affirmed, and that Plaintiff’s Complaint be dismissed.
(Dkt. No. 14.) 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 Dancks’ thorough Report-Recommendation, the Court

can find no clear error in the Report-Recommendation: Magistrate Judge Dancks employed the
proper standards, accurately recited the facts, and reasonably applied the law to those facts. As a
result, the Report-Recommendation is accepted and adopted in its entirety; the Commissioner’s
motion for judgment on the pleadings is granted, that the Commissioner’s decision denying
disability insurance benefits is affirmed; and Plaintiff’s Complaint is dismissed in its entirety.
ACCORDINGLY, it is
ORDERED that Magistrate Judge Dancks’ Report-Recommendation (Dkt. No. 14) is
ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that the Commissioner’s decision denying Social Security benefits is
AFFIRMED; and it is further
ORDERED that Plaintiff’s Complaint (Dkt. No. 1) is DISMISSED in its entirety; and it
is further
ORDERED that the Clerk shall issue Judgment for Defendant and close this action.
Dated: August 26, 2016
Syracuse, New York
____________________________________
HON. GLENN T. SUDDABY
United States District Judge

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