Swiech v. Commissioner of Social Security

Filing 14

DECISION & ORDERED, that the Report-Recommendation (Dkt. No. 13) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendants Motion for judgment on the pleadings is DENIED; and it is further ORDERED, that the matter is REMANDED for further consideration. Signed by Senior Judge Lawrence E. Kahn on 3/30/09. (sas)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK CATHLEEN SWIECH, Plaintiff, -againstMICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant. 5:06-CV-0342 (LEK/VEB) DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on March 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(c) of the Northern District of New York. Report-Rec. (Dkt. No. 13). Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to Judge Bianchini's Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, it is hereby ORDERED, that the Report-Recommendation (Dkt. No. 13) is APPROVED and ADOPTED in its ENTIRETY; and it is further 1 ORDERED, that Defendant's Motion for judgment on the pleadings is DENIED; and it is further ORDERED, that the matter is REMANDED for further consideration; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: March 30, 2009 Albany, New York 2

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