Cosme v. Commissioner of Social Security
DECISION & ORDER accepting and adopting # 19 Magistrate Judge Dancks' Report and Recommendation in its entirety; denying Plaintiff's motion for judgment on the pleadings; granting Defendant's motion for judgment on the pleadings. Defendant's decision is affirmed, and Plaintiff's complaint is dismissed. Signed by Judge Glenn T. Suddaby on 3/11/15. (lmw)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
COMMISSIONER OF SOCIAL SECURITY,
OLINKSY LAW GROUP
Counsel for Plaintiff
300 South State Street, Suite 420
Syracuse, New York 13202
HOWARD OLINSKY, 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
KAREN T. CALLAHAN, ESQ.
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 February 11, 2015, recommending that
the Commissioner’s motion for judgment on the pleadings be granted, that its decision be
affirmed, and that Plaintiff’s Complaint be dismissed. (Dkt. No. 19.) Objections to the ReportRecommendation 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, the Court can find no clear
error in the Report-Recommendation. As a result, the Report-Recommendation is accepted and
adopted in its entirety.
ACCORDINGLY, it is
ORDERED that Magistrate Judge Dancks’ Report-Recommendation (Dkt. No. 19) is
ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that Plaintiff’s motion for judgment on the pleadings (Dkt. No. 13) is
DENIED; and it is further
ORDERED that Defendant’s motion for judgment on the pleadings (Dkt. No. 18) is
GRANTED; and it is further
ORDERED that Defendant’s decision is AFFIRMED; and it is further
ORDERED that Plaintiff’s Complaint (Dkt. No. 1) is DISMISSED.
Dated: March 11, 2015
Syracuse, New York
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