Opinion
5:15-CV-1258 (GTS/WBC)
03-07-2017
KATIE HANSEN-NILSEN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
APPEARANCES: LAW OFFICE OF BARNEY F. BILELLO Counsel for Plaintiff 4020 Underbrush Trail Liverpool, New York 13090 STANLEY LAW OFFICES, LLP Co-Counsel for Plaintiff 215 Burnet Avenue Syracuse, New York 13203 SOCIAL SECURITY ADMINISTRATION OFFICE OF REG'L GEN. COUNSEL-REGION II Counsel for Defendant 26 Federal Plaza, Room 3904 New York, New York 10278 OF COUNSEL: BARNEY F. BILELLO, ESQ. JAYA A. SHURTLIFF, ESQ. STEPHANIE VISCELLI, ESQ. KAREN T. CALLAHAN, ESQ.
APPEARANCES: LAW OFFICE OF BARNEY F. BILELLO
Counsel for Plaintiff
4020 Underbrush Trail
Liverpool, New York 13090 STANLEY LAW OFFICES, LLP
Co-Counsel for Plaintiff
215 Burnet Avenue
Syracuse, New York 13203 SOCIAL SECURITY ADMINISTRATION
OFFICE OF REG'L GEN. COUNSEL-REGION II
Counsel for Defendant
26 Federal Plaza, Room 3904
New York, New York 10278 OF COUNSEL: BARNEY F. BILELLO, ESQ. JAYA A. SHURTLIFF, ESQ.
STEPHANIE VISCELLI, ESQ. KAREN T. CALLAHAN, ESQ. GLENN T. SUDDABY, Chief United States District Judge DECISION and ORDER
The above matter comes to this Court following a Report-Recommendation by United States Magistrate Judge William B. Mitchell Carter, filed on February 7, 2017, recommending that the Commissioner's decision denying disability insurance benefits be affirmed and this matter be dismissed. (Dkt. No. 18.) 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 Carter's thorough Report-Recommendation, the Court can find no clear error in the Report-Recommendation. Magistrate Judge Carter employed the proper legal standards, accurately recited the facts, and correctly applied the law to those facts. (Dkt. No. 18.) As a result, the Report-Recommendation is accepted and adopted in its entirety; the Commissioner's decision denying disability insurance benefits is affirmed; and this matter is dismissed.
When no objection is made to a report-recommendation, the Court subjects that report-recommendation to only a "clear error" review. Fed. R. Civ. P. 72(b), Advisory Committee Notes: 1983 Addition. When performing such a clear error review, "the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation." Id.; see also Batista v. Walker, 94-CV-2826, 1995 WL 453299, at *1 (S.D.N.Y. July 31, 1995) (Sotomayor, J.) ("I am permitted to adopt those sections of [a magistrate judge's] report to which no specific objection is made, so long as those sections are not facially erroneous.") (internal quotation marks omitted). --------
ACCORDINGLY, it is
ORDERED that Magistrate Judge Carter's Report-Recommendation (Dkt. No. 18) is ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that the Commissioner's decision denying disability insurance benefits is AFFIRMED , and Plaintiff's Complaint (Dkt. No. 1) is DISMISSED. Dated: March 7, 2017
Syracuse, New York
/s/_________
HON. GLENN T. SUDDABY
Chief United States District Judge