Powers v. Bisignano
Powers v. Bisignano
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
ANGEL A.P.,
Plaintiff, 5:24-cv-417 (BKS/ML)
v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
Appearances: For Plaintiff: Cindy Domingue-Hendrickson Peter Zisser Legal Aid Society of Mid-New York Inc. 120 Bleecker Street Utica, NY 13501
For Defendant: Office of General Counsel Social Security Administration Vernon Norwood Special Assistant United States Attorney 6401 Security Boulevard Baltimore, MD 21235 Hon. Brenda K. Sannes, Chief United States District Judge: MEMORANDUM-DECISION AND ORDER Plaintiff filed this action under
42 U.S.C. § 405(g) seeking review of the Commissioner of Social Security’s denial of her application for disability and supplemental security income benefits. (Dkt. No. 1). This matter was referred to United States Magistrate Judge Miroslav Lovric for a Report-Recommendation. (Dkt. No. 4); Local Rule 72.3(e). On June 30, 2025, after reviewing the parties’ briefs, (Dkt. Nos. 17, 21, 24), and the Administrative Transcript, (Dkt. No. 12), Magistrate Judge Lovric issued a Report-Recommendation recommending that the Commissioner’s decision be affirmed; Defendant’s motion for judgment on the pleadings be granted; Plaintiff’s motion for judgment on the pleadings be denied; and Plaintiff’s complaint be dismissed. (Dkt. No. 25). Magistrate Judge Lovric advised the parties that under
28 U.S.C. § 636(b)(1), they had “14 days within which to file written objections” to the Report-
Recommendation and that “failure to object to th[e] report within 14 days will preclude appellate review.” (Dkt. No. 25, at 22 (citing Roldan v. Racette,
984 F.2d 85(2d Cir. 1993);
28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72 & 6(a)). No objections were filed. The Court reviews de novo those portions of the Magistrate Judge’s findings and recommendations that have been properly preserved with a specific objection. Petersen v. Astrue,
2 F. Supp. 3d 223, 228–29 (N.D.N.Y. 2012);
28 U.S.C. § 636(b)(1)(C). Findings and recommendations as to which there was no properly preserved objection are reviewed for clear error.
Id.Neither of the parties has raised any objection to Magistrate Judge Lovric’s Report- Recommendation. The Court has reviewed the Report-Recommendation for clear error and found none.
For these reasons, it is hereby ORDERED that Magistrate Judge Lovric’s Report-Recommendation (Dkt. No. 25) is ADOPTED in all respects; and it is further ORDERED that the Commissioner’s decision is AFFIRMED; and it is further ORDERED that Defendant’s motion for judgment on the pleadings (Dkt. No. 21) is GRANTED; it is further ORDERED that Plaintiff’s motion for judgment on the pleadings (Dkt. No. 17) is DENIED and Plaintiff's complaint (Dkt. No. 1) be DISMISSED; and it is further ORDERED that the Clerk of the Court is directed to enter judgment and close this case. IT ISSO ORDERED. Dated: July 31, 2025 Syracuse, New York
Brenda K. Sannes Chief U.S. District Judge
Reference
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