Farina v. Colvin

Filing 17

DECISION AND ORDER adopting 16 Report and Recommendations. Defendants Motion for Judgment on the Pleadings is GRANTED and Plaintiffs Motion for Judgment on the Pleadings is DENIED. The Commissioner's decision denyingdisability benefits is AFFIRMED for the reasons stated in Magistrate Judge Hummels recommendation. Signed by Senior Judge Thomas J. McAvoy on 1/15/15. (tab)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________________
CATHERINE M. FARINA,
Plaintiff,
v.

No. 5:13-CV-1246

CAROLYN W. COLVIN, Commissioner of
Social Security Administration,
Defendant.
______________________________________________
THOMAS J. McAVOY,
Senior United States District Judge

DECISION and ORDER
This matter was referred to the Hon. Christian F. Hummel, United States Magistrate Judge,
for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Rule 72.3(d) of the Local
Rules of the Northern District of New York. In a Report-Recommendation and Order dated
September 3, 2014 (dkt. # 16), Magistrate Judge Hummel recommended that Farina’s motion for
judgment on the pleadings (dkt. No. 13) be DENIED and the Commissioner’s decision
finding no disability be AFFIRMED (dkt. # 16, p. 27).1 No objections to the Report and
Recommendation have been lodged and the time for filing objections has expired.
After examining the record, this Court has determined that the Report and Recommendation

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The recommendation actually states: “For the reasons stated above, it is hereby
RECOMMENDED that Farina’s motion for judgment on the pleadings (Dkt. No. 13) be DENIED
and the Commissioner’s decision finding [sic] disability be AFFIRMED.” Read in context, it is
clear that Magistrate Judge Hummel was recommending that the Commissioner’s decision, which
found no disability, be affirmed.
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is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the
Report and Recommendation for the reasons stated therein.
Therefore, Defendant’s Motion for Judgment on the Pleadings is GRANTED and Plaintiff’s
Motion for Judgment on the Pleadings is DENIED. The Commissioner's decision denying
disability benefits is AFFIRMED for the reasons stated in Magistrate Judge Hummel’s
recommendation.
IT IS SO ORDERED.
Dated:January 15, 2015

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