Tricoli v. Colvin
Filing
20
DECISION AND ORDER adopting Magistrate Judge Hugh B. Scott's Report and Recommendation 19 . The decision of the Commissioner is reversed, and the matter is remanded for further administrative proceedings. The Defendant's motion for judgm ent on the pleadings 17 is denied, and Plaintiff's motion for similar relief in her favor 9 is granted. The Clerk of Court shall take all steps necessary to close the case. SO ORDERED. Signed by Hon. Richard J. Arcara on 12/16/16. (LAS)-CLERK TO FOLLOW UP-
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
LINDA ANN TRICOLI,
Plaintiff,
DECISION AND ORDER
15-CV-837A
v.
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 November 16, 2016, Magistrate Judge
Scott filed a Report and Recommendation (Dkt. No. 19), recommending that the
decision of the Commissioner be reversed, and this matter be remanded for further
administrative proceedings. Magistrate Judge Scott further recommended that
Defendant’s motion for judgment on the pleadings (Dkt. No. 17) should be denied, and
Plaintiff’s motion for similar relief in her favor (Dkt. 9) be granted in part to remand the
case and should otherwise be denied.
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 decision of the
Commissioner is reversed, and this matter is remanded for further administrative
proceedings. It is further ORDERED that Defendant’s motion for judgment on the
pleadings is denied, and Plaintiff’s motion for similar relief in her favor is granted in part
to remand the case and should otherwise be denied.
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: December 16, 2016
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