Lowry v. Comm'r of Soc. Sec.

Full title: KENNETH LOWRY, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Court: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

Date published: Apr 7, 2017

1:15-CV-1553 (GTS/WBC) (N.D.N.Y. Apr. 7, 2017)

Opinion

1:15-CV-1553 (GTS/WBC)

04-07-2017

KENNETH LOWRY, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

APPEARANCES: OFFICE OF PETER M. MARGOLIS Counsel for Plaintiff 7 Howard Street Catskill, New York 12414 SOCIAL SECURITY ADMINISTRATION OFFICE OF REG'L GEN. COUNSEL-REGION II Counsel for Defendant 26 Federal Plaza, Room 3904 New York, New York 10278 OF COUNSEL: PETER M. MARGOLIS, ESQ. MICHELLE L. CHRIST, ESQ.

GLENN T. SUDDABY, Chief United States District Judge

APPEARANCES: OFFICE OF PETER M. MARGOLIS

Counsel for Plaintiff
7 Howard Street
Catskill, New York 12414 SOCIAL SECURITY ADMINISTRATION
OFFICE OF REG'L GEN. COUNSEL-REGION II

Counsel for Defendant
26 Federal Plaza, Room 3904
New York, New York 10278 OF COUNSEL: PETER M. MARGOLIS, ESQ. MICHELLE L. CHRIST, ESQ. GLENN T. SUDDABY, Chief United States District Judge DECISION and ORDER

The above matter comes to this Court following a Report-Recommendation by United States Magistrate Judge William B. Mitchell Carter, filed on March 16, 2017, recommending that the Commissioner's decision denying Plaintiff Social Security benefits be affirmed and Plaintiff's Complaint be dismissed. (Dkt. No. 20.) Objections to the Report-Recommendation have not been filed and the time in which to do so has expired. (See generally Docket Sheet.) After carefully reviewing all of the papers herein, including Magistrate Judge Carter's thorough Report-Recommendation, the Court can find no clear error in the Report-Recommendation. As a result, the Report-Recommendation is accepted and adopted in its entirety; the Commissioner's decision denying Plaintiff Social Security benefits is affirmed; and Plaintiff's Complaint is dismissed.

ACCORDINGLY, it is

ORDERED that Magistrate Judge Carter's Report-Recommendation (Dkt. No. 20) is ACCEPTED and ADOPTED in its entirety; and it is further

ORDERED that the Commissioner's decision denying Plaintiff Social Security benefits is AFFIRMED , and Plaintiff's Complaint (Dkt. No. 1) is DISMISSED. Dated: April 7, 2017

Syracuse, New York

/s/_________

HON. GLENN T. SUDDABY

Chief United States District Judge