DiBiasio v. Asture

Filing 29

ORDER denying 15 defendant's Motion for Judgment on the Pleadings; granting 21 plaintiff's Motion for Judgment on the Pleadings; adopting Report and Recommendation re 25 . Clerk of Court to close case. Signed by Hon. Richard J. Arcara on 8/23/2010. (JMB)

DiBiasio v. Asture

Doc. 29

UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF NEW YORK

J O A N N DIBIASIO, Plaintiff, v. ORDER 08-CV-743

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 9, 2009, defendant filed a motion for judgment on th e pleadings and plaintiff filed a response thereto on July 1, 2010. On January 7 , 2010, plaintiff filed a motion for judgment on the pleadings. On June 10, 2010, M a g is tra te Judge Foschio filed a Report and Recommendation, recommending th a t defendant's motion should be denied, plaintiff's motion should be granted a n d the matter remanded for calculation of benefits. P la in tiff filed objections to the Report and Recommendation on June 16, 2010. Pursuant 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

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Recommendation, and after reviewing the submissions of the parties, the Court a d o p ts the proposed findings of the Report and Recommendation. Accordingly, for the reasons set forth in Magistrate Judge Foschio's Report a n d Recommendation, defendant's motion is denied, plaintiff's motion is granted a n d the matter remanded for calculation of benefits. The Clerk of Court shall take a ll steps necessary to close the case.

SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT JUDGE DATED: August 23, 2010

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