Opinion
1:05-CV-1133.
May 23, 2008
FOR PLAINTIFF, THOMAS C. ERWIN, ESQ., ERWIN, McCANE DALY, Albany, New York.
FOR DEFENDANT, WILLIAM H. PEASE, ESQ., Special Asst. U.S. Attorney, HON. GLENN T. SUDDABY, United States Attorney for the Northern District of New York, Syracuse, New York.
BARBARA L. SPIVAK, ESQ., Chief Counsel, Region II, KAREN M. ORTIZ, ESQ., Assistant Regional Counsel, OFFICE OF GENERAL COUNSEL, Social Security Administration, New York, New York.
DECISION AND ORDER
Presently before the Court is Magistrate Judge David E. Peebles May 8, 2008 Report-Recommendation in which he recommends that defendant's motion for judgment on the pleadings be GRANTED, that the Commissioner's decision denying disability benefits be AFFIRMED, and that the plaintiff's complaint be DISMISSED. The Court having reviewed the Report-Recommendation and the entire file in this matter and plaintiff having filed no objections to said Report-Recommendation, the Court hereby
ORDERS that the Report-Recommendation filed by Magistrate Judge David E. Peebles on May 8, 2008, is, for the reasons stated therein, ACCEPTED in its entirety; and the Court further
ORDERS that defendant's motion for judgment on the pleadings is GRANTED and the Court further
ORDERS that the Commissioner's decision denying disability benefits is AFFIRMED and the Court further
ORDERS that the plaintiff's complaint is DISMISSED in its entirety, and the Court further
ORDERS that the Clerk of the Court shall enter judgment in favor of the Defendant and close this case.
IT IS SO ORDERED.