UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

ISMIR T.,1

Plaintiff, 5:21-cv-00752 (BKS/CFH)

v.

KILOLO KIJAKAZI, Acting Commissioner of Social Security,

Defendant.

Appearances: For Plaintiff: Howard D. Olinsky Olinsky Law Group 250 South Clinton Street, Suite 210 Syracuse, NY 13202 For Defendant: Carla B. Freedman, United States Attorney Luis Pere, Special Assistant United States Attorney Social Security Administration J.F.K. Federal Building, Room 625 15 New Sudbury Street Boston, MA 02203 Hon. Brenda K. Sannes, Chief United States District Judge: MEMORANDUM-DECISION AND ORDER Plaintiff Ismir T. filed this action under

(g), 1383(c)(3) seeking review of a decision by the Commissioner of Social Security (the “Commissioner”) finding that Plaintiff was not disabled and ineligible for the disability insurance benefits for which he applied. (Dkt. No. 1). This matter was referred to United States Magistrate Judge Christian F. Hummel for a

1 In accordance with the local practice of this Court, Plaintiff’s last name has been abbreviated to protect his privacy. Report and Recommendation. (Dkt. No. 4); N.D.N.Y. L.R. 72.3(d). On August 31, 2022, after reviewing the parties’ briefs and the Administrative Record, (Dkt. Nos. 10, 15, 18), Magistrate Judge Hummel issued a Report-Recommendation recommending that the Commissioner’s decision be reversed and that this matter be remanded to the Commissioner for further proceedings. (Dkt. No. 19). Magistrate Judge Hummel advised the parties that under

(b)(1), they had fourteen days within which to file written objections to the report, and that the failure to object to the report within fourteen days would preclude appellate review. (/d. at 47-48). Neither party filed an objection to the Report-Recommendation. As no objection to the Report-Recommendation has been filed, and the time for filing objections has expired, the Court reviews the Report-Recommendation for clear error. See Petersen v. Astrue,

(N.D.N.Y. 2012); Fed. R. Civ. P. 72(b) advisory committee’s note to 1983 amendment. Having reviewed the Report-Recommendation for clear error and found none, the Court adopts the Report-Recommendation in its entirety. For these reasons, it is hereby ORDERED that Magistrate Judge Hummel’s Report-Recommendation (Dkt. No. 19) is ADOPTED; and it is further ORDERED that this matter is REVERSED and REMANDED pursuant to sentence four of

(g), to the Commissioner for further proceedings consistent with the Report-Recommendation. IT ISSO ORDERED. Dated: September 19, 2022 Syracuse, New York Pre ah a CaaS Brenda K. Sannes Chief U.S. District Judge