Arrington v. Astrue

Filing 16

DECISION AND ORDER adopting Report and Recommendation re 15 ; denying 7 defendant's Motion for Judgment on the Pleadings; denying 9 plaintiff's Motion for Judgment on the Pleadings; granting plaintiff's motion alternatively seeking remand for further consideration and remanding matter for further development of the record and reconsideration of plaintiff's claim. Clerk of court to close case. Signed by Hon. Richard J. Arcara on 8/30/2011. (JMB)

UNITED STATES DISTRICT COURT
W ESTERN DISTRICT OF NEW YORK

CELESTER ARRINGTON,
Plaintiff,
v.

ORDER
09-CV-870

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

This case was referred to Magistrate Judge Leslie G. Foschio,
pursuant to 28 U.S.C. § 636(b)(1)(A). On May 7, 2010, defendant filed a motion
for judgment on the pleadings and on July 12, 2010, plaintiff filed a motion for
judgment on the pleadings. On August 8, 2011, Magistrate Judge Foschio filed a
Report and Recommendation, recommending that defendant's motion should be
denied, that plaintiff's motion seeking remand for further consideration should be
granted and the matter remanded for further development of the record and
reconsideration of plaintiff's claim.
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 denied, plaintiff's motion seeking remand
for further consideration is granted and the matter is remanded for further
development of the record and reconsideration of plaintiff's claim. The Clerk of
Court shall take all steps necessary to close the case.
SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT JUDGE
DATED: August 30, 2011

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