Quarella v. Commissioner of Social Security
Quarella v. Commissioner of Social Security
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _________________________________________________ RAYMOND Q., Plaintiff, v. 5:18-CV-544 (FJS/CFH) COMMISSIONER OF SOCIAL SECURITY, Defendant. _________________________________________________ APPEARANCES OF COUNSEL OFFICE OF JOHN L. BARDSLEY JOHN L. BARDSLEY, ESQ. HSBC Bank Building, Second Floor 36 Main Street P.O. Box 166 Cortland, New York 13045 Attorneys for Plaintiff SOCIAL SECURITY ADMINISTRATION FERGUS J. KAISER, ESQ. OFFICE OF REGIONAL GENERAL COUNSEL, REGION II 26 Federal Plaza, Room 3904 New York, New York 10278 Attorneys for Defendant SCULLIN, Senior Judge ORDER Plaintiff brought this action pursuant to
42 U.S.C. § 405(g) seeking a review of Defendant's decision denying his application for disability insurance benefits and supplemental security income ("SSI") benefits. See Dkt. No. 1, Complaint. Plaintiff moved to remand for a further hearing, and Defendant cross-moved for a judgment on the pleadings. See Dkt. Nos. 11, 12. After reviewing the record and the parties' arguments, Magistrate Judge Hummel issued a Report-Recommendation and Order, dated August 7, 2019, in which he recommended that this Court deny Plaintiff's motion and grant Defendant's motion. See Dkt. No. 13 at 20. The parties did not file any objections to these recommendations. When a party does not object to a magistrate judge's report-recommendation, the court reviews that report-recommendation for clear error or manifest injustice. See Linares v. Mahunik, No. 9:05-CV-625,
2009 WL 3165660, *10 (N.D.N.Y. July 16, 2009) (citation and footnote omitted). After conducting this review, "the Court may ‘accept, reject, or modify, in whole or in part, the... recommendation made by the magistrate judge." /d. (quoting
28 U.S.C. § 636(b)(1)(C)). The Court has reviewed Magistrate Judge Hummel’s August 7, 2019 Report-Recommendation and Order for clear error and manifest injustice; and, finding none, the Court hereby ORDERS that Magistrate Judge Hummel's August 7, 2019 Report-Recommendation and Order is ACCEPTED in its entirety for the reasons stated therein; and the Court further ORDERS that Plaintiff's motion to remand, see Dkt. No. 11, is DENIED; and the Court further ORDERS that Defendant's motion for judgment on the pleadings, see Dkt. No. 12, is GRANTED; and the Court further ORDERS that the Clerk of the Court shall enter judgment in favor of Defendant and close this case.
IT IS SO ORDERED.
Dated: September 30, 2019 Syracuse, New York
Senior United States District Judge -2-
Reference
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