Opinion
3:14-CV-0325(GTS/ATB)
05-04-2015
CORRADINO D. CAPOZZI, Plaintiff, v. CAROLYN W. COLVIN, Acting Comm'r of Soc. Sec., Defendant.
APPEARANCES: HINMAN, HOWARD & KATTELL LLP Counsel for Plaintiff P.O. Box 5250 80 Exchange Street 700 Security Mutual Building Binghamton, New York 13902-5250 SOCIAL SECURITY ADMINISTRATION OFFICE OF REG'L GEN. COUNSEL Counsel for Defendant 26 Federal Plaza, Room 3904 New York, New York 10278 OF COUNSEL: BRENT M. WHITING, ESQ. ANDREEA L. LECHLEITNER, ESQ. FERGUS J. KAISER, ESQ.
APPEARANCES: HINMAN, HOWARD & KATTELL LLP
Counsel for Plaintiff
P.O. Box 5250
80 Exchange Street
700 Security Mutual Building
Binghamton, New York 13902-5250
SOCIAL SECURITY ADMINISTRATION
OFFICE OF REG'L GEN. COUNSEL
Counsel for Defendant
26 Federal Plaza, Room 3904
New York, New York 10278
OF COUNSEL: BRENT M. WHITING, ESQ. ANDREEA L. LECHLEITNER, ESQ.
FERGUS J. KAISER, ESQ.
GLENN T. SUDDABY, United States District Judge DECISION and ORDER
The above matter comes to this Court following a Report-Recommendation by United States Magistrate Judge Andrew T. Baxter, filed on April 1, 2015, recommending that the Commissioner's decision be affirmed and Plaintiff's Complaint be dismissed. (Dkt. No. 14.) 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 Baxter'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 is affirmed; and Plaintiff's Complaint is dismissed in its entirety.
ACCORDINGLY, it is
ORDERED that Magistrate Judge Baxter's Report-Recommendation (Dkt. No. 14) is ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that Plaintiff's motion for judgment on the pleadings (Dkt. No. 10) is DENIED ; and it is further
ORDERED that Defendant's motion for judgment on the pleadings (Dkt. No. 13) is GRANTED ; and it is further
ORDERED that the Commissioner's decision is AFFIRMED; and it is further
ORDERED that Plaintiff's Complaint (Dkt. No. 1) is DISMISSED . Dated: May 4, 2015
Syracuse, New York
/s/_________
Hon. Glenn T. Suddaby
U.S. District Judge