Rockwell v. Astrue

Filing 17

DECISION AND ORDER adopting Magistrate Judge Bianchini's 15 Report and Recommendations. The Commissioner's decision is AFFIRMED and the Plaintiff's complaint is DISMISSED in its entirety. Signed by Judge David N. Hurd on 8/1/2013. (amt)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------SHIRLEY ROCKWELL,
Plaintiff,
-v-

5:12-CV-792
(DNH/VEB)

CAROLYN W. COLVIN,
Defendant.
-------------------------------APPEARANCES:

OF COUNSEL:

OLINSKY LAW GROUP
Attorneys for Plaintiff
300 S. State Street
5th Floor, Suite 520
Syracuse, NY 13202

HOWARD D. OLINSKY, ESQ.

OFFICE OF GENERAL COUNSEL
Social Security Administration
Region II
Attorneys for Defendant
26 Federal Plaza, Room 3904
New York, NY 10278

SERGEI ADEN, ESQ.

DAVID N. HURD
United States District Judge

DECISION and ORDER
Plaintiff Shirley Rockwell filed this action seeking judicial review of a final decision of
the Commissioner of Social Security denying her application for Supplemental Security
Income. By Report-Recommendation dated July 3, 2013, the Honorable Victor E. Bianchini,
United States Magistrate Judge, recommended that plaintiff's motion for judgment on the

pleadings be denied, the Commissioner's motion for judgment on the pleadings be granted,
and this case be dismissed. Plaintiff filed timely objections to the Report-Recommendation.
Based upon a de novo determination of the portions of the Report-Recommendation
to which plaintiff objected, the Report-Recommendation is accepted and adopted in all
respects. See 28 U.S.C. § 636(b)(1).
Accordingly, it is
ORDERED that
1. The Commissioner's decision is AFFIRMED; and
2. Plaintiff's complaint is DISMISSED in its entirety.
The Clerk is directed to file a judgment accordingly.
IT IS SO ORDERED.

Dated: August 1, 2013
Utica, New York.

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