McCracken v. Astrue

Filing 8

ORDER adopting 7 Report and Recommendations and denying 4 Motion to Dismiss. Signed by U.S. District Judge Mae A. D'Agostino on 1/29/13. (Attachments: # 1 Report and Recommendation) (ban)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________________ LAURA McCRACKEN, Plaintiff, v. 8:12-CV-0193 (MAD/CFH) MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant. ________________________________________________ APPEARANCES: OF COUNSEL: INSLER & HERMANN, LLP 560 White Plains Road Tarrytown, New York 10591 Attorneys for Plaintiff LEWIS B. INSLER, ESQ. HON. RICHARD S. HARTUNIAN United States Attorney for the Northern District of New York 100 South Clinton Street Syracuse, New York 13261-7198 Attorneys for Defendant BENIL ABRAHAM, ESQ. MAE A. D’AGOSTINO, U. S. DISTRICT JUDGE ORDER The above matter comes to me following a Report-Recommendation by Magistrate Judge Christian F. Hummel, duly filed on the 7th day of January 2013. Following fourteen (14) days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein. After careful review of all of the papers herein, including the Magistrate Judge’s ReportRecommendation, and no objections submitted thereto, it is ORDERED that: 1. The Report-Recommendation is hereby adopted in its entirety. 2. The Commissioner is directed to file an Answer and Administrative Record in accordance with General Order 18. 2. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case. IT IS SO ORDERED. Dated: January 29, 2013 Albany, New York 2

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