Genson v. Colvin

Filing 13

-CLERK TO FOLLOW UP-DECISION AND ORDER adopting Magistrate Judge Hugh B. Scott's Report and Recommendation 12 . The plaintiff's motion to vacate 7 is granted in part, the Commissioner's motion 10 is denied, and the matter is remanded for further proceedings. The Clerk of Court shall take all steps necessary to close the case. SO ORDERED. Signed by Hon. Richard J. Arcara on 10/26/16. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

KIMBERLY GENSON,
Plaintiff,
DECISION AND ORDER
15-CV-727A

v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

The above-referenced case was referred to Magistrate Judge Hugh B.
Scott, pursuant to 28 U.S.C. § 636(b)(1)(B). On September 21, 2016, Magistrate Judge
Scott filed a Report and Recommendation (Dkt. No.12), recommending that plaintiff’s
motion to vacate (Dkt. No. 7) be granted in part, that the Commissioner’s motion
(Docket No. 10), and that the matter be remanded for further 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 Scott’s Report and Recommendation, the plaintiff’s motion
to vacate is granted in part, the Commissioner’s motion is denied, and the matter is
remanded for further proceedings.
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: October 26, 2016