Scinta v. Colvin

Filing 17

DECISION AND ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 16 . The Acting Commissioner's motion for judgment on the pleadings 10 is denied, and Plaintiff's motion for similar relief 7 is grante d. It is further ORDERED that the decision of the Commissioner is vacated and this matter is remanded for further administrative proceedings consistent with the Report and Recommendation. The Clerk of Court shall take all steps necessary to close the case. SO ORDERED. Signed by Hon. Richard J. Arcara on 9/12/17. (LAS)-CLERK TO FOLLOW UP-

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK SALVATORE ANTHONY SCINTA, Plaintiff, DECISION AND ORDER 15-CV-451 v. NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant. The above-referenced case was referred to Magistrate Judge Jeremiah J. McCarthy, pursuant to 28 U.S.C. § 636(b)(1)(B). On June 22, 2017, Magistrate Judge McCarthy filed a Report and Recommendation (Dkt. No. 16), recommending that the Acting Commissioner’s motion for judgment on the pleadings (Dkt. No. 10) be denied, and Plaintiff’s motion for similar relief (Dkt. No. 7) be granted. Magistrate Judge McCarthy further recommends that the decision of the Commissioner be vacated and this matter be remanded for further administrative proceedings. 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 McCarthy’s Report and Recommendation, the Acting Commissioner’s motion for judgment on the pleadings is denied, and Plaintiff’s motion for similar relief is granted. It is further ORDERED that the decision of the Commissioner is vacated and this matter is remanded for further administrative proceedings consistent with the Report and Recommendation. The Clerk of Court shall take all steps necessary to close the case. IT IS SO ORDERED. ____Richard J. Arcara____________ HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT COURT Dated: September 12, 2017

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