Salerno v. Colvin

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 11 Motion for Judgment on the Pleadings filed by Frank P. Salerno, 13 Report and Recommendations, 9 Motion for Judgment on the Pleadings filed by Carolyn W. Colvin. Accordingly, it is hereby: OR DERED that Plaintiff's Motion is granted, Defendant's Motion is denied, and the matter is remanded for further administrative proceedings consistent with the R&R. The Clerk of Court is respectfully requested to terminate the pending Motions, (Dkt. Nos. 9,11), and close this case. (Signed by Judge Kenneth M. Karas on 7/20/2017) (rj)

UNITED STA TES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
FRANK P. SALERNO,
Plaintiff,
No. l 3-CV-4600 (KMK) (LMS)
V.

ORDER ADOPTING R&R
NANCY A. BERRYHILL, ACTING
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

KENNETH M. KARAS, District Judge:
On June 23, 2017, Magistrate Judge Lisa M. Smith entered a Report & Recommendation
(the "R&R") recommending that this Court grant Plaintiffs Motion for Judgment on the
Pleadings, deny Defendant's Motion for Jl,ldgment on the Pleadings, and remand the case for
further proceedings consistent with the R&R. (R&R 32 (Dkt. No. 13).) In the thorough R&R,
Judge Smith provided notice that objections to the R&R were due within 14 days and that failure
to object would preclude later appellate review of any order of judgment that will be entered.
(Id at 32.) No objections were filed.

Because no objections have been filed, the Court reviews the R&R "only for clear error
on the face of the record." See Brennan v. Colvin, No. 13-CV-6338, 2015 WL 1402204, at *l
(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) (same). Having reviewed the R&R
for clear error and finding none, the Court adopts the R&R in its entirety. 1

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The Court notes that the federal regulations cited in footnotes 16 and 18 were amended
in early 2017. Neither Party contends that the amendments have any bearing on this proceeding.

Accordingly, it is hereby:
ORDERED that Plaintiffs Motion is granted, Defendant's Motion is denied, and the
matter is remanded for further administrative proceedings consistent with the R&R. The Clerk
of Court is respectfully requested to terminate the pending Motions, (Dkt. Nos. 9, 11), and close
this case.
SO ORDERED.
Dated:

July ~o , 2017
White Plains, New York

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