Opinion
20 Civ. 2220 (AT) (OTW)
07-11-2023
MARIANGELA ELIZABETH FEDERICO, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
ANALISA TORRES, DISTRICT JUDGE:
On September 28, 2022, Plaintiff, Mariangela Elizabeth Federico, filed a motion for attorney's fees pursuant to 42 U.S.C. § 406(b). ECF No. 26. On September 29, 2022, the Court referred the matter to the Honorable Ona T. Wang. ECF No. 29.
After careful consideration, Judge Wang issued a Report and Recommendation (“R&R”), recommending that Plaintiff's motion for attorney's fees be granted. ECF No. 30. Despite notification of the right to object to the R&R, ECF No. 30 at 4, no objections were filed, and the time to do so has passed. See Fed.R.Civ.P. 72(b); see also 28 U.S.C. § 636(b)(1). The Court reviews the R&R for clear error, see Santiago v. Colvin, 12 Civ. 7052, 2014 WL 1092967, at *1 (S.D.N.Y. Mar. 17, 2014), and finds no clear error. Accordingly, the Court ADOPTS Judge Wang's R&R in its entirety. The Court directs Defendant to approve a payment of $23,540 to Plaintiff's counsel, and upon receipt of that payment, Plaintiff's counsel shall refund $7,235 to Plaintiff. ECF No. 30 at 4.
The Clerk of Court is directed to terminate the motion at ECF No. 26.
SO ORDERED.