LaPorta v. Colvin
Filing
19
DECISION AND ORDER adopting Magistrate Judge Jeremiah J. McCarthy's Report and Recommendation 18 . The Acting Commissioner's motion for judgment on the pleadings 14 is denied, and Plaintiff's motion for similar relief 11 is grant ed. 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 8/31/17. (LAS)-CLERK TO FOLLOW UP-
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
KATY M. LAPORTA,
Plaintiff,
DECISION AND ORDER
15-CV-733
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 July 19, 2017, Magistrate Judge
McCarthy filed a Report and Recommendation (Dkt. No. 18), recommending that the
Acting Commissioner’s motion for judgment on the pleadings (Dkt. No. 14) be denied,
and Plaintiff’s motion for similar relief (Dkt. No. 11) 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: August 31, 2017
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