Alberalla v. Berryhill

Filing 19

DECISION AND ORDER adopting Magistrate Judge Hugh B. Scott's Report and Recommendation 13 . Plaintiff's motion for judgment on the pleadings 7 is denied, and the Commissioner's cross-motion for similar relief 11 is granted. The Clerk of the Court shall take all steps necessary to close the case. SO ORDERED. Signed by Hon. Richard J. Arcara on 3/26/2018. (LAS)-CLERK TO FOLLOW UP-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

BELINDA KAY ALBERALLA,
Plaintiff,
DECISION AND ORDER
17-CV-63-A

v.
COMM. OF THE SOCIAL
SECURITY ADMINISTRATION,

Defendant.

This case was referred to Magistrate Judge Hugh B. Scott pursuant to 28
U.S.C. § 636(b)(1) for the conduct of pretrial proceedings. On December 5, 2017,
Magistrate Judge Scott filed a Report and Recommendation (Dkt. No. 13),
recommending that plaintiff Alberalla’s motion for judgment on the pleadings (Dkt. No.
7) be denied and that the Commissioner’s cross motion for judgment on the pleadings
(Dkt. No. 11) be granted.
On December 19, 2017, plaintiff Alberalla filed objections to the Report and
Recommendation. Dkt. No. 14. The United States filed a response on February 5,
2018. Dkt. No. 17. Plaintiff elected not to reply. Dkt. No. 18. The Court finds oral
argument is unnecessary.
Pursuant to 28 U.S.C. § 636(b)(1)(B), the Court must make a de novo
determination of those portions of the Report and Recommendation to which
legally-proper objections have been made. The United States argues that the Court
should conduct only clear error review because plaintiff Alberalla’s objections merely

reiterate arguments raised below and addressed by the Magistrate Judge. See Moss
v. Colvin, 845 F.3d 516, 519 n.2 (2d Cir . 2017). However, the Court has exercised its
discretion to conduct de novo review and 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, Plaintiff Aleberalla’s
motion for judgment on the pleadings (Dkt. No. 7) is denied, and the Commissioner’s
cross-motion for judgment on the pleadings (Dkt. No. 11) is granted. The Clerk of
Court shall enter Judgment for the Commissioner and take all steps necessary to
close the case.
IT IS SO ORDERED.

____Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: March 26, 2018

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