Harvey v. Astrue

Filing 16

DECISION AND ORDER adopting 15 Report and Recommendations and remanding to the Commissioner of SS. Signed by Senior Judge Thomas J. McAvoy on 11/18/10. (sfp, )

Harvey v. Astrue

Doc. 16

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK DIRK P. HARVEY, Plaintiff, -vsMICHAEL J. ASTRUE,, Commissioner of Social Security, Defendant. 09-CV-0020

THOMAS J. McAVOY Senior United States District Judge DECISION and ORDER This matter was referred to the Hon. Victor E. Bianchini, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Rule 72.3(d) of the Local Rules of the Northern District of New York. No objections to the After

September 7, 2010 Report-Recommendation have been raised.

examining the record, this Court has determined that the Report and Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report and

Recommendation for the reasons stated therein. For the foregoing reasons, the case is remanded to the Commissioner of Social Security for further expedited proceedings pursuant to sentence four of 42 U.S.C. Section 405(g). IT IS SO ORDERED. 1

Dockets.Justia.com

Dated: November 18, 2010

2