Hall v. Astrue

Filing 16

ORDER denying 7 defendant's Motion for Judgment on the Pleadings; granting in part and denying in part plaintiff's 9 Motion for Judgment on the Pleadings; adopting Report and Recommendation re 11 and remanding to Commissioner for further proceedings. Clerk of court to close case. Signed by Hon. Richard J. Arcara on 12/17/2009. (JMB)

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UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF NEW YORK D E S IR A Y HALL, Plaintiff, v. ORDER 08-CV-526 MICHAEL J. ASTRUE, C o m m is s io n e r of Social Security, D e fe n d a n t. T h is case was referred to Magistrate Judge Jeremiah J. McCarthy, p u rs u a n t to 28 U.S.C. 636(b)(1). Both parties filed cross-motions for judgment o n the pleadings. On October 9, 2009, Magistrate Judge McCarthy filed a Report a n d Recommendation, recommending that defendant's motion for judgment on th e pleadings be denied and that plaintiff's cross-motion be granted in part and d e n ie d in part. D e fe n d a n t filed objections to the Report and Recommendation and plaintiff file d a response thereto. Oral argument on the objections was held on December 1 6 , 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 1 Recommendation, and after reviewing the submissions and hearing argument fro m 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 McCarthy's R e p o rt and Recommendation, defendant's motion for judgment on the pleadings is denied and plaintiff's cross-motion is granted in part and denied in part. The c a s e is remanded to the Commissioner for further proceedings. 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: December 17, 2009 2

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