Opinion
6:14-CV-0797 (DNH/DEP)
09-28-2015
DONALD E. MARSHALL, Plaintiff, v. CAROLYN W. COLVIN, as Acting Commissioner Of Social Security, Defendant.
APPEARANCES: ANTONOWICZ LAW FIRM Attorney for Plaintiff 148 West Dominick Street Rome, New York 13440 HON. RICHARD S. HARTUNIAN United States Attorney for the Northern District of New York P.O. Box 7198 100 S. Clinton Street Syracuse, NY 13261-7198 OF COUNSEL: PETER W. ANTONOWICZ, ESQ. SERGEI ADEN, ESQ.
APPEARANCES: ANTONOWICZ LAW FIRM
Attorney for Plaintiff
148 West Dominick Street
Rome, New York 13440
HON. RICHARD S. HARTUNIAN
United States Attorney for the
Northern District of New York
P.O. Box 7198
100 S. Clinton Street
Syracuse, NY 13261-7198
OF COUNSEL: PETER W. ANTONOWICZ, ESQ. SERGEI ADEN, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER
Plaintiff Donald E. Marshall filed this action seeking judicial review of a final decision of the Commissioner of Social Security denying his application for disability insurance benefits under the Social Security Act. By Report-Recommendation dated September 1, 2015, the Honorable David E. Peebles, United States Magistrate Judge, recommended that the Commissioner's decision denying plaintiff benefits be affirmed and that defendant's motion for judgment on the pleadings be granted. No objections to the Report-Recommendation have been filed.
Based upon a de novo determination of the portion of the Report-Recommendation, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
(1) the Commissioner's decision is AFFIRMED;
(2) defendant's motion for judgment on the pleadings is GRANTED; and
(3) the Complaint is DISMISSED.
The Clerk of the Court shall enter judgment and close the case.
IT IS SO ORDERED.
/s/_________
United States District Judge
Dated: September 28, 2015
Utica, New York