Opinion
Civil Action No. 7:10-cv-1023 (GLS/VEB)
04-24-2012
COLLEEN ANN VANHORN Plaintiff, v. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant.
APPEARANCES: FOR THE PLAINTIFF: Conboy, McKay Law Firm OF COUNSEL: LAWRENCE D. HASSELER, ESQ. FOR THE DEFENDANT: Social Security Administration Office of Regional General Counsel Region II JOHN M. KELLY, ESQ.
APPEARANCES:
FOR THE PLAINTIFF:
Conboy, McKay Law Firm
OF COUNSEL:
LAWRENCE D. HASSELER, ESQ.
FOR THE DEFENDANT:
Social Security Administration
Office of Regional General Counsel
Region II
JOHN M. KELLY, ESQ.
GARY L. SHARPE,
CHIEF JUDGE
ORDER
The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge Victory E. Bianchini, duly filed April 2, 2012. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.
No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby
ORDERED, that the Report-Recommendation of Magistrate Judge Victor E. Bianchini filed April 2, 2012 is ACCEPTED in its entirety for the reasons state therein, and it is further
ORDERED that Defendant's Motion for Judgment on the Pleadings is DENIED, that Plaintiff's Motion for Judgment on the Pleadings is GRANTED, and that this case is remanded for further administrative proceedings, and it is further
ORDERED, that the Clerk of the Court is to mail copies of the Order to the parties in accordance with the court's local rules. IT IS SO ORDERED.
__________________
Gary L. Sharpe
U.S. District Judge
Dated: April 24, 2012
Albany, New York