Corson v. Astrue

Filing 18

ORDER granting 7 Defendant's Motion for Judgment on the Pleadings; denying 10 Plaintiff's Motion for Summary Judgment; adopting Report and Recommendation re 17 . Clerk of Court to close case. Signed by Hon. Richard J. Arcara on 3/3/2009. (JMB)

UNITED STATES DISTRICT COURT W ESTERN DISTRICT OF NEW YORK

ARNELL M. CORSON, Plaintiff, ORDER 07-CV-283A

v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.

The above-referenced case was referred to Magistrate Judge Leslie G. F o s c h io , pursuant to 28 U.S.C. § 636(b)(1)(B). On February 11, 2009, Magistrate Judge Foschio filed a Report and Recommendation, recommending that defendant's motion for judgment on the pleadings should be granted and that plaintiff's cross-motion for summary judgment be denied. The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties, and no objections having been timely filed, it is hereby ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge Foschio's Report and Recommendation, defendant's motion for judgment on the pleadings is granted and plaintiff's cross-motion for summary judgment is denied. The 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: March 3 , 2009

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