DeCarlo v. Barnhardt

Filing 16

DECISION and ORDERED, that the Report-Recommendation (Dkt. No. 15) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Plaintiffs Motion for judgment on the pleadings is GRANTED; Defendants Motion for judgment on the pleadings is DENIED; and the Complaint (Dkt. No. 1) is REMANDED to the Commissioner for a calculation of benefits. Signed by Senior Judge Lawrence E. Kahn on June 17, 2009. (sas)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK JENNIFER DECARLO, Plaintiff, -vMICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. 8:06-CV-488 (LEK/VEB)

DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on May 28, 2009, by the Honorable Victor E. Bianchini, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(d) of the Northern District of New York. Report-Rec. (Dkt. No. 15). Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to the ReportRecommendation filed by Judge Bianchini. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, it is hereby ORDERED, that the Report-Recommendation (Dkt. No. 15) is APPROVED and ADOPTED in its ENTIRETY; and it is further

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ORDERED, that Plaintiff's Motion for judgment on the pleadings is GRANTED; Defendant's Motion for judgment on the pleadings is DENIED; and the Complaint (Dkt. No. 1) is REMANDED to the Commissioner for a calculation of benefits; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: June 17, 2009 Albany, New York

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