Banks v. Astrue

Filing 52

ORDER ADOPTING R & R for 36 Motion for Attorney Fees filed by Martha Banks, 51 Report and Recommendations. It is hereby ORDERED that Plaintiff's application for attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C § 2412(d) is granted in part, in the amount of $11,644.52, with the award to be made payable to Plaintiff's counsel. The Clerk of Court is respectfully requested to terminate the pending Motion. (Dkt. No. 36.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/6/2017) (anc)

UNITED STATES J;)ISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MARTHA BANKS,
Plaintiff,
No'. 10-CV-6462 (KMK) (JCM)
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v.

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ORDER ADOPTING R&R
NANCY A. BERRYHILL, A<;:TINQ
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

KENNETH M. KARAS, District Judge:
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On June 30, 2017, Magistrate Judge Judith C. McCarth~ entered a Report&,
Recommendation (the "R&R") recommending that this Court ~rant in part Plaintiffs application

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for attorney's fees. (R&R 10 (Dkt. No. 51).) In the thorough R&R, Judge McCarthy provided
notice that objections to the R&R were due within 14 days anq that failure to object would
preclude later appellate review of any order of judgment that
objections were filed.

vvill be entered.

(Id. at 10-11.) No

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Because no objections have been filed, the Court reviews the R&R "only for clear error
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on the face of the record." See Brennan v. Colvin, No. 13-CV~6338, 2015 WL 1402204, at *l
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(S.D.N.Y. Mar. 25, 2015) (internal quotation marks omitted); see also Iannalo v. Astrue, No. 10CV-7602, 2012 WL 523619, at *1 (S.D.N.Y. Feb. 16, 2012) (s.ame). Having reviewed the R&R
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for clear error and finding none, the Court adopts the R&R in i~s entirety.
Accordingly, it is hereby:
ORDERED that Plaintiffs application for attorney's fees pursuant to the Equal Access to
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Justice Act, 28 U.S.C. § 2412(d) is granted in part, in the amotµit of$11,644.52, with the award

to be made payable to Plaintiffs counsel. The Clerk of Court 1s respectfully requested to
terminate the pending Motion. (Dkt. No. 36.)
SO ORDERED.
l)ated:

b_,

2017
September
White Plains, New York

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