Summary
In McCracken v. Astrue, No. 8:12-CV-0193 (MAD/CFH), 2013 WL 371672 (N.D.N.Y. Jan. 29, 2013), a district judge adopted the recommendation of a magistrate judge to apply equitable tolling to a late-filed action to review an adverse decision on plaintiff's application for social security disability benefits.
Summary of this case from Reidel v. United StatesOpinion
8:12-CV-0193
01-29-2013
LAURA McCRACKEN, Plaintiff, v. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant.
APPEARANCES INSLER & HERMANN, LLP Attorneys for Plaintiff HON. RICHARD S. HARTUNIAN United States Attorney for the Northern District of New York Attorneys for Defendant OF COUNSEL: LEWIS B. INSLER, ESQ. BENIL ABRAHAM, ESQ.
(MAD/CFH)
APPEARANCES : INSLER & HERMANN, LLP
Attorneys for Plaintiff
HON. RICHARD S. HARTUNIAN
United States Attorney for the
Northern District of New York
Attorneys for Defendant
OF COUNSEL:
LEWIS B. INSLER, ESQ. BENIL ABRAHAM, ESQ. MAE A. D'AGOSTINO , U. S. DISTRICT JUDGE
ORDER
The above matter comes to me following a Report-Recommendation by Magistrate Judge Christian F. Hummel, duly filed on the 7th day of January 2013. Following fourteen (14) days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.
After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is
ORDERED that:
1. The Report-Recommendation is hereby adopted in its entirety.
2. The Commissioner is directed to file an Answer and Administrative Record in accordance with General Order 18.
2. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.
IT IS SO ORDERED. Dated: January 29, 2013
Albany, New York
_____________
Mae A. D'Agostino
U.S. District Judge