Sweeting v. Astrue

Filing 21

DECISION AND ORDER accepting and adopting the 19 Report-Recommendation and Order in all respects; and it is further ORDERED, that (1) the Commissioner's decision is AFFIRMED; and it is further ORDERED, that (2) Plaintiff's complaint is dismissed in its entirety. The Clerk is directed to file a judgment accordingly. Signed by Judge David N. Hurd on 10/15/2013. (sg )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------GROVER SWEETING,
Plaintiff,
-v-

12-CV-917
(DNH/CFH)

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.
MICHAEL J. TELFER, ESQ.

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

TOMASINA DiGRIGOLI, ESQ.

DAVID N. HURD
United States District Judge

DECISION and ORDER
Plaintiff Grover Sweeting filed this action seeking judicial review of a final decision of
the Commissioner of Social Security denying his application for benefits under the Social
Security Act. By Report-Recommendation dated August 6, 2013, the Honorable Christian F.
Hummel, United States Magistrate Judge, recommended that the Commissioner's decision
be affirmed. 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: October 15, 2013
Utica, New York.

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