Opinion
3:11-CV-0878
09-13-2012
JOHN SCONE, Plaintiff, v. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant.
Lachman, Gorton Law Firm Counsel for Plaintiff Social Security Administration Office of Regional General Counsel Region II Counsel for Defendant OF COUNSEL: Peter A. Gorton, Esq. Sandra M. Grossfeld, Esq.
APPEARANCES:
Lachman, Gorton Law Firm
Counsel for Plaintiff
Social Security Administration
Office of Regional General Counsel
Region II
Counsel for Defendant
OF COUNSEL:
Peter A. Gorton, Esq. Sandra M. Grossfeld, Esq.
NORMAN A. MORDUE, U. S. DISTRICT JUDGE
ORDER
The above matter comes to me following a Report-Recommendation by Magistrate JudgeVictor E. Bianchini, duly filed on the 9th day of August 2012. Following fourteen (14) days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.
After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is
ORDERED that:
1. The Report-Recommendation is hereby adopted in its entirety.
2. The Defendant's Motion for Judgment on the Pleadings is denied, Plaintiff's Motion for Judgment on the Pleadings is granted, and this case is remanded for further administrative proceedings.
3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.
IT IS SO ORDERED. Dated: September 13, 2012
Syracuse, New York
______________
Honorable Norman A. Mordue
U.S. District Judge