Opinion
1:11-CV-957 (DNH/DEP)
05-01-2015
PAUL PIAZZA, Plaintiff, v. CAROLYN A. COLVIN, Acting Commissioner of Social Security, Defendant.
APPEARANCES: OFFICE OF ALEX C. DELL Attorneys for Plaintiff 450 New Karner Road Albany, NY 12205 OFFICE OF REGIONAL GENERAL COUNSEL Attorneys for Defendant Social Security Administration Region II 26 Federal Plaza, Room 3904 New York, NY 10278 OF COUNSEL: GEORGE P. FERRO, ESQ. JOANNE JACKSON PENGELLY, ESQ.
APPEARANCES: OFFICE OF ALEX C. DELL
Attorneys for Plaintiff
450 New Karner Road
Albany, NY 12205
OFFICE OF REGIONAL GENERAL
COUNSEL
Attorneys for Defendant
Social Security Administration
Region II
26 Federal Plaza, Room 3904
New York, NY 10278
OF COUNSEL: GEORGE P. FERRO, ESQ. JOANNE JACKSON PENGELLY, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER
Plaintiff Paul Piazza filed this action seeking judicial review of a final decision of the Commissioner of Social Security denying his application for disability benefits and supplemental security income payments under the Social Security Act. This action was dismissed as untimely nearly three years ago. Plaintiff has now moved for relief from the judgment of dismissal and requests reinstatement of his complaint pursuant to Rule 60 of the Federal Rules of Civil Procedure. By Report-Recommendation dated April 10, 2015, the Honorable David E. Peebles, United States Magistrate Judge, recommended that the motion be denied based both upon the inordinate length of time that has passed since the case was closed and on the merits. No objections to the Report-Recommendation were filed.
Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
Plaintiff's motion pursuant to Federal Rule of Civil Procedure 60(b)(6) for relief from the court's prior order and judgment dismissing his complaint is DENIED.
IT IS SO ORDERED.
/s/_________
United States District Judge
Dated: May 1, 2015
Utica, New York.