Dillin v. Commissioner of Social Security, No. 7:2009cv00512 - Document 16 (N.D.N.Y 2010)

Court Description: DECISION and ORDERED, that the Report-Recommendation (Dkt. No. 15) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that the decision of the Commissioner is REVERSED, and the case is REMANDED for further administrative proceedings consistent with the adopted Report-Recommendation (Dkt. No. 15). Signed by Senior Judge Lawrence E. Kahn on June 07, 2010. (sas)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK SHALENE M. DILLIN, Plaintiff, -against- 7:09-CV-0512 (LEK/VEB) COMMISSIONER OF SOCIAL SECURITY, Defendant. DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on April 17, 2010, by the Honorable Victor E. Bianchini, United States Magistrate Judge, pursuant to 28 U.S.C. ยง 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 15). Within fourteen days after a party has been served with a copy of a Magistrate Judge s Report-Recommendation, the party may serve and file specific, written objections to the proposed findings and recommendations. FED . R. CIV . P. 72(b), in compliance with L.R. 72.1of the Northern District of New York. No objections have been raised in the allotted time with respect to Magistrate Judge Bianchini s Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, it is hereby ORDERED, that the Report-Recommendation (Dkt. No. 15) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that the decision of the Commissioner is REVERSED, and the case is REMANDED for further administrative proceedings consistent with the adopted ReportRecommendation (Dkt. No. 15); and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: June 07, 2010 Albany, New York 2

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