Cosme v. Commissioner of Social Security

Filing 20

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)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ______________________________________ BOBBIJO COSME, Plaintiff, 5:13-CV-0933 (GTS/TWD) v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ______________________________________ APPEARANCES: OF COUNSEL: 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 2

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