Buske v. Astrue

Full title: BRUCE BUSKE, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social…

Court: United States District Court, N.D. New York

Date published: Jan 26, 2009

5:07-CV-120 (N.D.N.Y. Jan. 26, 2009)

Opinion

5:07-CV-120.

January 26, 2009

HOWARD D. OLINSKY, ESQ., OLINSKY SHURTLIFF, Attorneys for Plaintiff, Syracuse, NY.

KIMBERLY L. SCHIRO, ESQ., SOCIAL SECURITY ADMINISTRATION, Office of Regional General Counsel, Region II, New York, NY.

DECISION and ORDER

DAVID HURD, District Judge

Plaintiff filed this action in February 2007, appealing a denial of Social Security benefits. By Report-Recommendation dated November 20, 2008, the Honorable Victor E. Bianchini, United States Magistrate Judge, recommended that defendant's motion for judgment on the pleadings should be denied; plaintiff's cross-motion for judgment ion the pleadings should be denied in part and granted in part, and remanded for reconsideration. The parties have filed objections to the report and recommendation.

Based upon a careful review of the entire file and the recommendations of Magistrate Judge Bianchini, the Report-Recommendation is accepted and adopted in whole. See 28 U.S.C. 636(b)(1). Accordingly, it is

ORDERED that

1. Defendant's motion for judgment on the pleadings is DENIED;

2. Plaintiff's cross-motion for judgment on the pleadings is DENIED in part and GRANTED in part.

3. This matter is REMANDED to the Commissioner for further proceedings consistent with the Report-Recommendation.

IT IS SO ORDERED.