Osorio v. Dudek

District Court, N.D. New York

Osorio v. Dudek

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

YASHIRA M.O.,

Plaintiff, 5:24-cv-550 (BKS/MJK)

v.

COMMISSIONER OF SOCIAL SECURITY,

Defendant.

Appearances: For Plaintiff: Peter Zisser Legal Aid Society of Mid-New York, Inc. 120 Bleecker Street Utica, NY 13501

For Defendant: Office of the General Counsel Social Security Administration Jason P. Peck 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 insurance benefits and supplemental security income. (Dkt. No. 1). This matter was referred to United States Magistrate Judge Mitchell J. Katz for a Report-Recommendation. (Dkt. No. 4); Local Rule 72.3(e). On August 22, 2025, after reviewing the parties’ briefs, (Dkt. Nos. 19, 28, 29), and the Administrative Transcript, (Dkt. No. 11), Magistrate Judge Katz issued a Report-Recommendation recommending that Plaintiff’s motion for judgment on the pleadings be granted; that Defendant’s motion for judgment on the pleadings be denied; and that the Commissioner’s decision be reversed and remanded to the Commissioner under sentence four of

42 U.S.C. § 405

(g) for further proceedings. (Dkt. No. 30). Magistrate Judge Katz 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. 30, at 25 (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 Katz’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 Katz’s Report-Recommendation (Dkt. No. 30) is ADOPTED in all respects; and it is further ORDERED that Plaintiff’s motion for judgment on the pleadings (Dkt. No. 19) is GRANTED; and it is further ORDERED that Defendant’s Motion for Judgment on the Pleadings (Dkt. No. 28) is DENIED; and it is further ORDERED that the decision of the Commissioner is REVERSED and REMANDED to the Commissioner under sentence four of

42 U.S.C. § 405

(g) for further proceedings; and it is further ORDERED that the Clerk of the Court is directed to enter judgment and close this case. IT IS SO ORDERED. Dated: September 25, 2025 Syracuse, New York Pron de (Goines Brenda K. Sannes Chief U.S. District Judge

Reference

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