Carbonell v. Astrue

Filing 20

ORDER, that the 19 Report-Recommendations of Magistrate Judge Victor E. Bianchini filed March 31, 2010 is ACCEPTED in its entirety. That the decision of the Commissioner is REVERSED, and the case is REMANDED to the Commissioner pursuant to sentence 4 of 42 U.S.C. 405(g) for further administrative proceedings. Signed by Judge Gary L. Sharpe on 4/15/2010. (Attachments: # 1 Judge Bianchini's Report-Recommendation) (jel, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------RAQUEL CARBONELL, Plaintiff, -v.Civil Action No. 6:08-cv-661 (GLS/VEB) MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ------------------------------------------------------------------------------APPEARANCES: FOR THE PLAINTIFF: Office of Stephen J. Mastaitis, Jr. 1412 Route 9P Saratoga Springs, New York 12866 FOR THE DEFENDANT: Social Security Administration Office of Regional General Counsel Region II 26 Federal Plaza - Room 3904 New York, New York 10278 SANDRA M. GROSSFELD, ESQ. STEPHEN J. MASTAITIS, JR., ESQ. OF COUNSEL: GARY L. SHARPE, U.S. DISTRICT JUDGE ORDER The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Victor E. Bianchini, duly filed March 31, 2010. Following ten 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 Victor E. Bianchini filed March 31, 2010 is ACCEPTED in its entirety for the reasons state therein, and it is further ORDERED, that the decision of the Commissioner is REVERSED, and the case is REMANDED to the Commissioner pursuant to sentence 4 of 42 U.S.C. 405 (g) for further administrative proceedings, and it is further ORDERED, that the Clerk of the Court is to mail copies of the Order to the parties. IT IS SO ORDERED Dated: April 15, 2010 Albany, New York 2

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