Astolos v. Barnhart

Filing 16

ORDER granting 5 Motion for Judgment on the Pleadings; denying 7 Motion for Judgment on the Pleadings; adopting Report and Recommendation re 13 . Clerk of Court to close case. Signed by Hon. Richard J. Arcara on 10/14/2009. (JMB)

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UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF NEW YORK S H E R Y L L. ASTOLOS, Plaintiff, v. ORDER 06-CV-678 MICHAEL J. ASTRUE, Commissioner of Social Security, D e fe n d a n t. T h is case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 2 8 U.S.C. 636(b)(1), on April 11, 2007. On March 6, 2007, both plaintiff and d e fe n d a n t filed motions for judgment on the pleadings. On July 22, 2008, M a g is tra te Judge Foschio filed a Report and Recommendation, recommending th a t defendant's motion be granted and that plaintiff's motion be denied. P la in tiff filed objections to the Report and Recommendation on August 5, 2 0 0 8 and the defendant filed a response thereto. Oral argument on the o b je c tio n s was held on October 8, 2009. P u rs u a n t to 28 U.S.C. 636(b)(1), this Court must make a de novo d e te rm in a tio n of those portions of the Report and Recommendation to which o b je c tio n s have been made. Upon a de novo review of the Report and R e c o m m e n d a tio n , and after reviewing the submissions and hearing argument from the parties, the Court adopts the proposed findings of the Report and R e c o m m e n d a tio n . Accordingly, for the reasons set forth in Magistrate Judge Foschio's Report a n d Recommendation, defendant's motion is granted and plaintiff's motion is d e n ie d . T h e Clerk of Court shall take all steps necessary to close the case. SO ORDERED. s/ Richard J. Arcara HONORABLE RICHARD J. ARCARA CHIEF JUDGE UNITED STATES DISTRICT COURT DATED: October 14, 2009 2

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