Genier v. Astrue

Full title: CRAIG J. GENIER, Plaintiff, v. MICHAEL J. ASTRUE, Defendant

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

Date published: Aug 17, 2010

Civil Action No. 8:08-CV-1039 (DEP) (N.D.N.Y. Aug. 17, 2010)

Opinion

Civil Action No. 8:08-CV-1039 (DEP).

August 17, 2010

FOR PLAINTIFF, SCHNEIDER LAW OFFICE, Plattsburgh, NY, MARK A. SCHNEIDER, ESQ.

FOR DEFENDANT, HON. RICHARD S. HARTUNIAN, United States Attorney, Northern District of New York, Syracuse, New York, KISTINA D. COHN, ESQ., Special Assistant.

ORDER

DAVID PEEBLES, Magistrate Judge

This court issued a decision and order in connection with this matter on September 22, 2009, granting defendant's motion for judgment on the pleadings and dismissing plaintiff's complaint. Dkt. No. 15. The resulting judgment, entered on September 22, 2009, Dkt. No. 16, was subsequently reversed by the United States Court of Appeals for the Second Circuit's decision dated May 27, 2010. Based upon the Second Circuit's ruling, it is hereby

ORDERED, as follows:

1) Plaintiff's motion for judgment on the pleadings in connection with this action is GRANTED;

2) The Commissioner's determination, review of which was sought by the plaintiff is VACATED, and the matter is remanded to the Social Security Administration for further proceedings; and

3) The clerk is directed to enter judgment accordingly, and to close the court's file with respect to this matter.