Hults v. Colvin

Filing 14

DECISION and ORDER granting 11 Motion to Dismiss; adopting Report and Recommendations re 13 Report and Recommendations. The Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that 1. Defendant's motion to dismiss for lack of subject matter jurisdiction is GRANTED; and 2. Plaintiff's complaint is DISMISSED. IT IS SO ORDERED. Signed by Judge David N. Hurd on 4/17/2017. (khr)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------JOSHUA D. HULTS,
Plaintiff,
-v-

8:14-CV-535
(DNH/TWD)

CAROLYN W. COLVIN, Commissioner of
Social Security,
Defendant.
-------------------------------APPEARANCES:

OF COUNSEL:

OFFICE OF STEPHEN J. MASTAITIS, JR.
Attorney for Plaintiff
1412 Route 9P
Saratoga Springs, NY 12866

STEPHEN J. MASTAITIS, JR., ESQ.

SOCIAL SECURITY ADMINISTRATION
Attorneys for Defendant
Office of Regional General Counsel
Region II
26 Federal Plaza - Room 3904
New York, NY 10278

MARIA P. FRAGASSI SANTANGELO,
ESQ.
Special Ass't U.S. Attorney

DAVID N. HURD
United States District Judge

DECISION and ORDER
Plaintiff Joshua D. Hults filed this action seeking judicial review of a final decision of
the Commissioner of Social Security denying his claims for benefits under Title II and XVI of
the Social Security Act. By Report-Recommendation dated September 9, 2016, the
Honorable Thérèse Wiley Dancks, United States Magistrate Judge, recommended that

defendant's motion to dismiss for lack of subject matter jurisdiction be granted and that the
complaint be dismissed. No objections to the Report-Recommendation have been filed.
Based upon a careful review of the entire file and the recommendations of the
Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C.
§ 636(b)(1).
Therefore,
it is ORDERED that
1. Defendant's motion to dismiss for lack of subject matter jurisdiction is GRANTED;
and
2. Plaintiff's complaint is DISMISSED.
The Clerk of the Court shall enter judgment and close the case.
IT IS SO ORDERED.

Dated: April 17, 2017
Utica, New York.

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