Tomassi v. Astrue

Filing 17

ORDER - That the 16 Report-Recommendation of Magistrate Judge Earl S. Hines filed November 22, 2013 is ACCEPTED in its entirety. That the Commissioner's decision denying disability-based benefits is REVERSED and REMANDED, pursuant to sentence four of 42 U.S.C. §405(g), for further proceedings necessary to develop a full evidentiary record. Signed by Chief Judge Gary L. Sharpe on 1/28/2014. (jel, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
------------------------------------------------------------------------------CAROLYN TOMASSI on behalf
of T.T.
Plaintiff,
-v.Civil Action No.
6:12-cv-1653 (GLS/ESH)
CAROLYN W. COLVIN,
Acting Commissioner of
Social Security
Defendant.
------------------------------------------------------------------------------APPEARANCES:

OF COUNSEL:

FOR THE PLAINTIFF:
Office of Peter W. Antonowicz
148 West Dominick Street
Rome, New York 13440

PETER W. ANTONOWICZ, ESQ.

FOR THE DEFENDANT:
Social Security Administration
Office of Regional General Counsel
Region II
26 Federal Plaza - Room 3904
New York, New York 10278

ANDREEA L. LECHLEITNER,
ESQ.

GARY L. SHARPE,
CHIEF JUDGE

ORDER
The above-captioned matter comes to this court following a Report-

Recommendation by Magistrate Judge Earl S. Hines, duly filed November
22, 2013. 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 November 22, 2013 (Dkt. No. 16) 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 REVERSED and REMANDED, pursuant to sentence four of 42
U.S.C. §405(g), for further proceedings necessary to develop a full
evidentiary record; and it is further
ORDERED, that the Clerk of the Court is to mail copies of the Order to
the parties in accordance with the court’s local rules.
IT IS SO ORDERED.

Dated:

January 28, 2014
Albany, New York

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