McAllister v. Commissioner of Social Security

Filing 18

ORDER - That Magistrate Judge Earl S. Hines' October 20, 2014 17 Report and Recommendation is ADOPTED in its entirety. That the decision of the Commissioner is AFFIRMED and McAllister's complaint (Dkt. No. 1) is DISMISSED. Signed by Chief Judge Gary L. Sharpe on 1/13/2015. (jel, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------JASON THOMAS MCALLISTER Plaintiff, -v.Civil Action No. 5:13-cv-940 (GLS/ESH) COMMISSIONER OF SOCIAL SECURITY Defendant. ------------------------------------------------------------------------------APPEARANCES: OF COUNSEL: FOR THE PLAINTIFF: Olinsky Law Group 300 S. State Street Suite 420 Syracuse, New York 13202 HOWARD D. OLINSKY, ESQ. FOR THE DEFENDANT: Social Security Administration Office of Regional General Counsel Region II 26 Federal Plaza - Room 3904 New York, New York 10278 MICHELLE L. CHRIST, ESQ. GARY L. SHARPE, CHIEF JUDGE ORDER The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Earl S. Hines, duly filed October 20, 2014. Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein. No objections having been filed, and the court having reviewed the Magistrate Judge’s Report-Recommendation for clear error, it is hereby ORDERED that the Report-Recommendation of Magistrate Judge Earl S. Hines filed October 20, 2014 (Dkt. No. 17) is ACCEPTED in its entirety for the reasons stated therein; and it is further ORDERED that the Commissioner’s decision denying disability-based benefits is AFFIRMED and McAllister’s complaint (Dkt. No. 1) is DISMISSED; and it is further ORDERED that the Clerk close this case and provide a copy of this Order to the parties in accordance to the local rules. IT IS SO ORDERED. Dated: January 13, 2015 Albany, New York 2

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