Opinion
Civil Action No. 11-0457
12-28-2011
CATHERINE L. FOUNTAINE, Plaintiff, v. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant.
CONSENT ORDER TO REMAND PURSUANT TO
SENTENCE 4 OF 42 U.S.C. § 405(g)
This matter having been opened to the Court by RICHARD S. HARTUNIAN, United States Attorney for the Northern District of New York, and Sixtina Fernandez, Special Assistant United States Attorney, attorneys for Defendant, for an Order remanding the within cause of action to the Defendant pursuant to sentence 4 of 42 U.S.C. § 405(g) so that further administrative action may be taken; and Plaintiff, through the undersigned attorney, having consented to the within order and the requested remand, and the Court having considered the matter,
IT IS on this 28th day of December 2011;
ORDERED that the final decision of the Commissioner be and hereby is REVERSED, and the matter is REMANDED to the Defendant for further administrative action, and it is further ORDERED that the within matter, be and hereby is, DISMISSED in accord with the decision in Melkonvan v. Sullivan, 501 U.S. 89 (1991).
_________________
Norman A. Mordue, Judge
United States District Court
The undersigned hereby consent to the form and entry of the within order.
RICHARD S. HARTUNIAN
United States Attorney
By: _________________
Sixtina Fernandez
Special Assistant U.S. Attorney
Bar No. 513910
Olinsky Law Group
300 S. State Street, Ste. 520
Syracuse, NY 13202-2060
By: Howard Olinsky by S.F.
Howard Olinsky, Esq.
Attorney for Plaintiff
Bar No. 102297