Wytrwa v. Colvin

Filing 16

ORDER adopting 15 Report and Recommendations. The Commissioner's decision is Affirmed and the complaint is Dismissed with prejudice. Signed by Judge Brenda K. Sannes on 5/19/16. (rjb, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _____________________________________________ WENDY LOU WYTRWA, Plaintiff, v. 5:15-CV-0286 (BKS/ATB) CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant. _____________________________________________ Appearances: Howard D. Olinsky Olinsky Law Group One Park Place 300 S. State Street, Ste. 420 Syracuse, NY 13202 For Plaintiff Richard S. Hartunian, United States Attorney David Brown, Special Assistant United States Attorney Social Security Administration Office of Regional General Counsel Region II 26 Federal Plaza - Room 3904 New York, NY 10278 For Defendant Hon. Brenda K. Sannes, United States District Judge: MEMORANDUM-DECISION AND ORDER INTRODUCTION Plaintiff Wendy Lou Wytrwa filed this action under 42 U.S.C. §§ 405(g) and 1383(c)(3) seeking review of Commissioner of Social Security’s denial of her applications for Supplemental Security Income Benefits and Disability Insurance Benefits. Dkt. No. 1. This matter was referred to United States Magistrate Judge Andrew T. Baxter for a Report-Recommendation. Dkt. No. 3; Local Rule 73.2(d). On April 28, 2018, after reviewing the parties’ briefs, Dkt. Nos. 11, 14, and the Administrative Transcript, Dkt. No. 9, Magistrate Judge Baxter issued a ReportRecommendation recommending that the Commissioner’s decision be affirmed and plaintiff’s complaint be dismissed. Dkt. No. 15, p. 23. Magistrate Judge Baxter advised the parties that under 28 U.S.C. § 636(b)(1), they had “14 days within which to file written objections” to the Report-Recommendation and that “failure to object to th[e] report within 14 days will preclude appellate review.” Dkt. No. 15, p. 23 (citing Roldan v. Racette, 984 F.2d 85 (2d Cir. 1993); 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72, 6(a), 6(e)). DISCUSSION The Court reviews de novo those portions of the Magistrate Judge’s findings and recommendations that have been properly preserved with a specific objection. Petersen v. Astrue, 2 F. Supp. 3d 223, 228-29 (N.D.N.Y. 2012); 28 U.S.C. § 636(b)(1)(C). Findings and recommendations as to which there was no properly preserved objection are reviewed for clear error. Id. Neither of the parties has raised any objection to Magistrate Judge Baxter’s ReportRecommendation. The Court has reviewed the Report-Recommendation for clear error and found none. Accordingly, it is ORDERED that Magistrate Judge Baxter’s Report-Recommendation (Dkt. No. 15) is ADOPTED in all respects; and it is further ORDERED that the Commissioner’s decision is AFFIRMED; and it is further 2 ORDERED that the Complaint (Dkt. No. 1) is DISMISSED with prejudice; and it is further ORDERED that the Clerk of the Court is directed to close this case. IT IS SO ORDERED. Dated: May 19, 2016 3

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