Vanhorn v. Commissioner of Social Security

Filing 18

ORDER - That the 17 Report-Recommendation of Magistrate Judge Victor E. Bianchini filed April 2, 2012 is ACCEPTED in its entirety. That Defendant's Motion for Judgment on the Pleadings is DENIED, that Plaintiff's Motion for Judgment on the Pleadings is GRANTED, and that this case is remanded for further administrative proceedings. Signed by Chief Judge Gary L. Sharpe on 4/24/2012. (Attachments: # 1 Judge Bianchini's Report-Recommendation) (jel, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
------------------------------------------------------------------------------COLLEEN ANN VANHORN
Plaintiff,
-v.Civil Action No.
7:10-cv-1023 (GLS/VEB)
MICHAEL J. ASTRUE,
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
------------------------------------------------------------------------------APPEARANCES:

OF COUNSEL:

FOR THE PLAINTIFF:
Conboy, McKay Law Firm
307 State Street
Carthage, New York 13619

LAWRENCE D. HASSELER, ESQ.

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

GARY L. SHARPE,
CHIEF JUDGE

JOHN M. KELLY, ESQ.

ORDER
The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Victory E. Bianchini, duly filed April 2,
2012. 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 April 2, 2012 is ACCEPTED in its entirety for the
reasons state therein, and it is further
ORDERED that Defendant’s Motion for Judgment on the Pleadings is
DENIED, that Plaintiff’s Motion for Judgment on the Pleadings is GRANTED,
and that this case is remanded 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 in accordance with the court’s local rules.
IT IS SO ORDERED.

Dated:

April 24, 2012
Albany, New York

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